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About this book
In line with developments in international law, and in particular with the jurisprudence of the European Court of Human Rights, the ECJ has recently stepped up itslevel of scrutiny with regard to national courts incorrectly applying Community law. As a consequence of a sequence of strong rulings, there is now a clear trend towards holding states accountable for their courts. By contrast, national laws traditionally tend to shield states from accountability for judicial conduct.
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 betweennational courts and the ECJ. He explores common concerns voiced against an excessive degree of accountability for judicial conduct.
This work is based on extensive research on European Community law and adjacent areas of public international law. It is highly recommended to academics and advanced law students, as well as practitioners in the field of Community law, including national judges, policy makers and government officials.
Bernhard Hofstötter studied law at the Universities of Vienna, Oslo, Leuven (magna cum laude) and St. Gallen (magna cum laude). He is presently an Assistant Professor of European Law at the University of Fribourg and a visiting lecturer at the Academia Istropolitana Nova in Bratislava.
Authors and Affiliations
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niversité de Fribourg, Fribourg, Switzerland
Bernhard Hofstötter
Bibliographic Information
Book Title: Non-Compliance of National Courts
Book Subtitle: Remedies in European Community Law and Beyond
Authors: Bernhard Hofstötter
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology (R0)
Copyright Information: T.M.C. Asser Press 2005
Hardcover ISBN: 978-90-6704-205-5Published: 27 October 2005
Edition Number: 1
Number of Pages: 240