Procedural autonomy of EU member states : paradise lost?
Subtitle: a study on the "functionalized procedural competence " of EU member states
By: Diana-Urania Galetta
Publisher: Springer
Published: 2010
Place of publication: Berlin; London
Language: eng
Number of pages: 145
ISBN-13: 9783642125461; 9783642125478
Subjects: Recht; Zuständigkeit; Mitgliedsstaaten; Auslegung; International and municipal law; Procedure (Law)
Work titles: L'autonomia procedurale degli stati membri dell'Unione Europea
Description: 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. Jurgen Schwarze, one of the founding fathers of European Administrative Law. --Book Jacket.
Notes: Includes bibliographical references (p. 125-140).
Table of contents: title: Introductory notes, terminological issues and demarcation of the scope of the study --; title: Procedural autonomy of the member states from the viewpoint of the principles and criteria regulating the relations between national law and EU law --; title: Jurisprudence of the ECJ on the procedural autonomy of member states : analysis of the fundamental judgements --; title: Procedural autonomy of the member states : Judges and legislators.  Conclusions.