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Private Enforcement of EU Law Before National Courts - The EU Legislative Framework (Hardcover)
Loot Price: R6,507
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Private Enforcement of EU Law Before National Courts - The EU Legislative Framework (Hardcover)
Series: Elgar European Law and Practice series
Expected to ship within 12 - 17 working days
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This book is a 'must read' for legal practitioners and legal
academics involved in the complicated procedural relationship
between national law and European law. In principle, nations have
procedural autonomy; however, European legislation has an impact on
national procedures, an impact that is much greater than one would
expect. Whether in practice or conducting research, one can no
longer restrict oneself to national procedural law. In the areas of
law covered in his book-public procurement, intellectual property,
consumer protection and competition-Wilman conclusively shows that
it is European law that sets out the main procedures to be followed
by national courts and national legislators. To some, this may be
frightening; to others, it creates new opportunities. All in all,
this work is compulsory reading for anyone wishing an in-depth
understanding of the enforcement of EU law in local courts.' - Jan
M. Hebly, Houthoff Buruma, the Netherlands'This book offers a
splendid, comprehensive overview of the ways in which private
enforcement can help to reinforce the rule of law in the European
Union. The lessons which the author draws from his analysis are
certainly of interest to practitioners and scholars of European
law. But there is a wider interest as well: while keeping in mind
obvious differences, the experiences with EU law can also stimulate
our thinking about where private claims and domestic courts could
play a larger role in the enforcement of international economic
law.' - Marco Bronckers, Partner, VVGB Advocaten, Belgium 'The
so-called 'private enforcement' of EU law before national courts is
an area of growing importance. The book offers an excellent
framework of the relevant legislation, remedies and case law. As
such it is of great interest to both practitioners, whether they
advise or litigate, and academics seeking a deeper understanding of
private enforcement-related instruments.' - Tom Ottervanger,
Advocaat, Allen & Overy LLP, the Netherlands Private
Enforcement of EU Law before National Courts provides an in-depth
analysis of how, when, and why the EU legislates to facilitate the
private enforcement of EU law before the courts of Member States.
Conducting a detailed examination of the legal basis and prospects
for private enforcement in the fields of public procurement,
intellectual property law, consumer protection, and competition
law, Folkert Wilman discusses not only the EU rules on remedies and
procedures typically adopted, but also many broader issues arising
such as: the EU's scope to act and the autonomy of the Member
State, the legal and practical limits, and implications, of the
EU's private enforcement model, as well as the fundamental rights
dimension. The thorough and practical treatment of private
enforcement mechanisms makes this book an essential reference work
for practising lawyers advising or acting before domestic courts in
matters of EU law. Scholars will also be attracted by the questions
it raises, and answers, relating to the relationship of the EU to
Member States. Key features of the book include: - Expert
authorship from a Member of the Legal Service of the European
Commission - Comprehensive assessment of EU legislation on the
private enforcement of EU law before national courts - Detailed
examination of the legal basis for private enforcement at a general
level, followed by consideration of its application across several
substantive fields - Extensive discussion of the scope for the EU
to act vis-a-vis the autonomy of the Member State - One of the
first in-depth analyses of the recently adopted and widely debated
Competition Damages Directive (No. 2014/104) - Exposition of key
case law relating to private enforcement and the remedies available
to private parties.
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