Procedural Autonomy of EU Member States: Paradise Lost? A Study on the 'Functionalized Procedural Competence' of EU Member States
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Diana-Urania Galetta
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Procedural Autonomy of EU Member States: Paradise Lost? A Study on the 'Functionalized Procedural Competence' of EU Member States
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Springer-Verlag
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9783642125478
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1
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CHF 87.10
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Internationales Recht, Ausländisches Recht
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English
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145
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Wasserzeichen/DRM
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PC/MAC/eReader/Tablet
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PDF
Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States' and EU law, this book provides a definition of procedural autonomy able to account for the concept's inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of 'procedural autonomy' of the Member States, national procedural law becomes more and more 'functionalized' to the requirements of effectiveness of substantive EU law. As such, we should speak of a 'functionalized procedural competence' rather than of procedural autonomy. But this is by no means a case of 'Paradise Lost.' The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
Diana-Urania Galetta is a Full Professor of Administrative Law and European Administrative Law at the University of Milan (Italy). She studied Law and Political Science at the Universities of Milan (Italy) and Osnabrück (Germany). She speaks fluently and publishes in Italian, German, French and English. She has published books and papers on central topics of national, comparative and European Administrative Law (See her personal homepage: http://www.giuripol.unimi.it/ ersone/galetta.htm).
Foreword
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Preface to the English Edition
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Acknowledgements
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Contents
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Chapter 1: Introductory Notes, Terminological Issues and Demarcation of the Scope of the Study
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1.1 The Distinction Between Procedural and Substantive Law in EU Law
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1.2 The Concept of `Procedural Autonomy´: Cross-Reference
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1.3 The Analysis of the Jurisprudence: Delimitation to Preliminary Rulings and the Fundamental Decisions, in the Light of our “Well-Thought Path”
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1.4 A ``EU-Friendly´´ Approach: In Search of an Underlying Logic and Rejecting the Pessimistic `Paradise Lost´ Approach
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Chapter 2: The Procedural Autonomy of the Member States from the Viewpoint of the Principles and Criteria Regulating the Relations
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2.1 The Procedural Autonomy of the Member States from the Viewpoint of the Principles and Criteria Regulating the Relation
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2.2 The Procedural Competence of the Member States as a Consequence of the Principle of Conferral: The Absence of a Legal Basis, the Implicit Competences and the Notion of Effet Utile
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2.3 Continued. From Procedural Competence of the Member States to Procedural Autonomy: Specifications, Not Only Ones Related to erminology, on the Concept and Scope
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2.4 The Direct Effect and the Primacy of the EU Law Over the National Law: Main Aspects
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2.5 Effet Utile of the Direct Effect and the Effectiveness of the EU Law: Effectiveness as the First External Limit of the Procedural Autonomy of the Member States
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