New Directions in European Public Law
J. Beatson, Takis Tridimas
Hart Publishing, 1998 - Law - 198 pages
This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997.Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.
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Taking Article 2152 EC Seriously
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Action for Damages administrative law adopted apply approach argued argument Article 215 Brasserie du Pecheur breach of Community breach of statutory cause of action claim Commission Community institutions Community law Community rights concept conditions of liability constitutional context convergence Council Court held Court of Justice Craig cross-fertilisation decisions Directive discretion distinction Divisional Court droit ECHR effect English courts English law example Factortame fertilisation Francovich Hedley Lomas Human Rights Ibid implementation important imposed individuals infringement interest issue judges judgment judicial review legal culture Legal Transplants legislature liability in damages liability remedy limited locus standi loss national authorities national courts national law norms paras plaintiff political principle private law procedural Professor protection public authorities public law question reasoning reference requirement rules Schoppenstedt serious breach statutory duty sufficiently serious supra supra n tion tort tradition transplantation Treaty ultra vires United Kingdom Wednesbury unreasonableness