The Future of Remedies in Europe

by Kilpatrick, Claire; Skidmore, Paul; Novitz, Tonia

• ISBN13: 9781841130828
• ISBN10: 1841130826
• Format: Hardcover
• Copyright: 2000-11-20
• Publisher: Hart Publishing

Summary

Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications,roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe. This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims. Contributors: Claire Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro, Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil Syrpis, Tonia Novitz, Richard Rawlings.

Author Biography

Claire Kilpatrick is lecturer in law at Queen Mary and Westfield College, London. Tonia Novitz is a lecturer in law at the University of Bristol. Paul Skidmore is a lecturer in law at the University of Bristol.

Table of Contents

The Future of Remedies in Europe	1	(34)
Claire Kilpatrick
I DIALOGUE BETWEEN THE EUROPEAN COURT OF JUSTICE AND NATIONAL COURTS
Enforcing Community Rights in National Courts: Some Recent Developments	35	(16)
Takis Tridimas
Whatever Happened to Emmott? The Perfecting of Community Rules on National Time-Limits	51	(18)
Leo Flynn
A Common European Law of Remedies?	69	(18)
Carol Harlow
II SECTORAL APPROACHES TO EC REMEDIES
Addressing Problems of Imbalanced Implementation in EC Law: Remedies in an Institutional Perspective	87	(30)
Stephen Weatherill
The Scope of European Remedies: The Case of Purely Internal Situations and Reverse Discrimination	117	(24)
Miguel Poiares Maduro
The Private Enforcement of European Union Labour Laws	141	(26)
Bernard Ryan
III CO-EXISTENCE AND INTERACTION WITH OTHER EUROPEAN LEGAL ORDERS
Interplay of Private International Law and European Community Law	167	(24)
Paul Beaumont
Remedies in a Multi-Level Legal Order: The Strasbourg Court and the UK	191	(14)
Robin C.A. White
European Remedies in the Field of Human Rights	205	(8)
Henry G. Schermers
The Limits of the Uniform Application of Community Law and Effective Judicial Review: A Look Post-Amsterdam	213	(18)
Angela Ward
IV ACCESS TO COURTS AND OTHER FORMS OF REMEDIAL CONTROL
Remedies for Violation of Social Rights within the Council of Europe: The Significant Absence of a Court	231	(22)
Tonia Novitz
Social Democracy and Judicial Review in the Community Order	253	(14)
Phil Syrpis
Engaged Elites: Citizen Action and Institutional Attitudes in Commission Enforcement	267
Richard Rawlings