Procedural Autonomy of EU Member States: Paradise Lost?

Procedural Autonomy of EU Member States: Paradise Lost?
Author :
Publisher : Springer Science & Business Media
Total Pages : 160
Release :
ISBN-10 : 9783642125478
ISBN-13 : 3642125476
Rating : 4/5 (476 Downloads)

Book Synopsis Procedural Autonomy of EU Member States: Paradise Lost? by : Diana-Urania Galetta

Download or read book Procedural Autonomy of EU Member States: Paradise Lost? written by Diana-Urania Galetta and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


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Die Rechtsetzung ist bereits im nationalen Kontext schwer genug; in mehrstufigen Umfeldern wie den Bundesländern oder der EU ist sie jedoch noch komplizierter.