New Directions in European Public Law

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9781901362244: New Directions in European Public Law
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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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...this book provides a combination of interesting perspectives in European public law. It leads the way to further comparative legal research into the evolving system of national remedies for the breaches of Community law. Martina Kunnecke European Public Law September 2002 The book is an important work not only because of its detailed analysis of the existing case law relating to State liability but also in identifying possible future developments in this field. Paul Hughes European Law Review September 2002

Synopsis:

This collection of essays arises from two symposia held at the University of Cambridge, Centre for European Legal Studies, in the spring and summer of 1997. It presents an analysis of issues arising from the EU public law arena, but 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, including: member state liability in damages; the role of Article 215; the Community system of remedies; the domestic liability of public authorities in damages; and tortious liability in EC law. The second part deals with EU public law more broadly, by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The essays in this section include: the cross-fertilization of concepts in constitutional law; cross-fertilization in EU administrative law; transplantation and cross-fertilization; constitutions and judicial power; and cross-fertilization in Italian administrative law.

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Beatson, Jack
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