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Law - International, Foreign and Comparative Law | Non-Compliance of National Courts - Remedies in European Community Law and Beyond

Non-Compliance of National Courts

Remedies in European Community Law and Beyond

Hofstötter, Bernhard

1st Edition., 240p.


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  • About this book

National courts play a pivotal role in making EC law a living truth for citizens. Individuals may turn to the courts in order to invoke rights derived from Community law. However, the capacity of individuals to effectively enforce their Community law rights depends crucially on the correct application of Community law by national courts. This book is the first to deal with possible legal responses in the Community legal order and beyond, when national courts incorrectly apply Community law. Rooted in a rigorous contextual analysis of recent jurisprudence, this work discusses various alternatives for future developments in the Court´s case law. The author explains the often uneasy nature of the relationship between national courts and the ECJ. He explores common concerns voiced against an excessive degree of accountability for judicial conduct.

Content Level » Research

Keywords » European Courts - National Courts - Procedural law - jurisprudence - law - legal order

Related subjects » International, Foreign and Comparative Law - Law

Table of contents 

Effectuating Effectiveness In European Community Law.- Three Hypotheses On The Necessity Of State Liability For Judicial Acts In The Community Legal Order.- Reservations For Community Law.- Which Standard Of Liability For Judicial Acts?.- Necessary Institutional Arrangements In The Member States To Facilitate State Liability For Judicial Acts - A Case Study On Austria.- Alternative Remedies.- Epilogue.

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