National courts and EU environmental law
By: edited by Jan H. Jans, Richard Macrory and Angel-Manuel Moreno Molina
Series: Avosetta series -- 10; Avosetta series -- 10.
Publisher: Europa Law Publishing
Published: 2013
Place of publication: Groningen
Language: eng
Number of pages: 403
ISBN-13: 9789089521286
Copyright date: 2013
Subjects: Environmental law; Conflict of laws
Other titles: National courts and European Union environmental law
Description: Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts between national and EU law (and may also be used in some jurisdictions to resolve national law and international law). This book examines the "remedial capacity" of these doctrines/tools from the perspective of the national court applying them. In short: what are their strengths, weaknesses, unexplored opportunities at grassroot level, and what can we learn from comparative experience in practice within Member States. The study reveals considerable differences in the way these doctrines are handled at national level. And it is clear that these differences go beyond the challenges facing newly joined Member States where the judiciary might be expected to still be learning its way with EU law. Even within long standing EU Members there is by no means a consistency in approach.
Notes: Includes bibliographical references and index.

Includes bibliographical references and index.
Table of contents: title: National administrative procedural law under EU requirements : with a focus on public participation  -- Gerd Winter; title: Consistent interpretation of EU environmental law  -- Richard Macrory, Verena Madner & Stefan Mayr; title: Direct effect and consistent interpretation : strengths and weaknesses of the concepts  -- Ludwig Kramer; title: Direct effect and state liability  -- Angel-Manuel Moreno Molina; title: Constitutional review of European environmental law  -- Luc Lavrysen; title: Judicial dialogue, judicial competition and global environmental law : a case study on the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters  -- Jan H. Jans; title: Effective justice? : Synthesis report of the study on the implementation of Articles 9(3) and 9(4) of the Aarhus Convention in Seventeen of the Member States of the European Union  -- Jan Darpo; title: Austria  -- Verena Madner; title: Belgium  -- Luc Lavrysen; title: Croatia  -- Lana Ofak; title: Czech Republic  -- Vojtech Vomacka & Ilona Jancarova; title: Denmark  -- Peter Pagh --Germany / -- Bernhard Wegener & Gerd Winter; title: Hungary  -- Gyula Bandi; title: Italy  -- Massimiliano Montini; title: The Netherlands  -- Jan H. Jans; title: Portugal  -- Alexandra Aragao; title: Slovenia  -- Rajko Knez & Verena Rosic Fegus; title: Spain  -- Agustin Garcia-Ureta & Angel-Manuel Moreno Molina; title: United Kingdom -- Richard Macrory.