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The Effectiveness and Application of EU and EEA Law in National Courts - Principles of Consistent Interpretation (Hardcover)
Loot Price: R4,527
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The Effectiveness and Application of EU and EEA Law in National Courts - Principles of Consistent Interpretation (Hardcover)
Series: Intersentia Studies on Courts and Judges, 0
Expected to ship within 12 - 17 working days
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In the current decentralised system of European Union (EU) and
European Economic Area (EEA) law enforcement, national courts play
a crucial role in securing the effectiveness and application of the
law. A great deal of legal research has been expounded on how the
Court of Justice of the European Union (CJEU) and the European Free
Trade Association Court (EFTA Court) have established and developed
the key mechanism for doing so - namely the principle of consistent
interpretation. Yet the principle's scope and limits can only be
fully understood if one looks to the final outcome of cases at
national level, and how national courts charged with the duty of
applying the principle actually do so when faced with such issues
in practice.Adopting an ambitious and consistent approach,
contributors from 12 European states therefore examine the
reception of the principle through national case-law, focusing on
three issues: reception and understanding of the concept, its
criteria for application, and its limitations. The individual
contributions are further synthesised and compared in an
overarching comparative chapter that identifies considerable
tension between the goals of uniform and homogenous application of
the principles, and a plurality of different approaches at national
level. The findings further touch on a broader range of issues,
providing the reader with insights into the cooperative dialogue
between European and national courts more generally.The
Effectiveness and Application of EU and EEA Law in National Courts
will be of interest to academics, students, EU/EEA/EFTA and
national institutional actors, judges, practitioners, and anyone
interested in gaining unique insights into the workings of EU and
EEA law and culture in practice.
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