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Regulation 261/2004 on Air Passengers' Rights has been amongst the
most high-profile pieces of EU secondary legislation of the past
years, generating controversial judgments of the Court of Justice,
from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation
has led to equally challenging decisions across the Member States,
ranging from judicial enthusiasm for passenger rights to domestic
courts holding that a Regulation could not be relied upon by an
individual claimant or even threatening outright to refuse to apply
its provisions. The economic stakes are significant for passengers
and airlines alike, and despite the European Commission's recent
publication of reform proposals, controversies appear far from
settled. At the same time the Regulation should, according to the
Treaty, have uniform, direct and general application in all the
Member States of the Union. How, then, can this diversity be
explained? What implications do the diverging national
interpretations have for the EU's regulatory strategy at large?
This book brings together leading experts in the field to present a
series of case studies from 15 different Member States as well as
the extra-territorial application of Regulation 261, combined with
high-level analysis from the perspectives of Aviation law and EU
law.
The onset of the 2004 EU enlargement witnessed a number of
predictions being made about the approaches, capacity and ability
of Central European judges who were soon to join the Union.
Optimistic voices, foreshadowing the deep transformative power that
Europe was bound to exercise with respect to the judicial mentality
and practice in the new Member States, were intertwined with gloomy
pictures of post-Communist limited formalism and mechanical
jurisprudence that could not be reformed, which were likely to
undermine the very foundations of mutual trust and recognition the
judicial system of the Union is built upon. Ten years later, this
volume revisits these predictions and critically assesses the
evolution of Central European judicial mentality, institutions and
constitutionality under the influence of the EU membership.
Comparatively evaluating the situation in a number of Central
European Member States in their socio-legal contexts, notably
Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria
and Romania, the volume offers unique insights into the process of
(non) Europeanisation of national legal systems and cultures.
The onset of the 2004 EU enlargement witnessed a number of
predictions being made about the approaches, capacity and ability
of Central European judges who were soon to join the Union.
Optimistic voices, foreshadowing the deep transformative power that
Europe was bound to exercise with respect to the judicial mentality
and practice in the new Member States, were intertwined with gloomy
pictures of post-Communist limited formalism and mechanical
jurisprudence that could not be reformed, which were likely to
undermine the very foundations of mutual trust and recognition the
judicial system of the Union is built upon. Ten years later, this
volume revisits these predictions and critically assesses the
evolution of Central European judicial mentality, institutions and
constitutionality under the influence of the EU membership.
Comparatively evaluating the situation in a number of Central
European Member States in their socio-legal contexts, notably
Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria
and Romania, the volume offers unique insights into the process of
(non) Europeanisation of national legal systems and cultures.
Ten years after the Charter of Fundamental Rights of the European
Union became part of binding primary law, and twenty years since
its adoption, this volume assess the application of the EU Charter
in the Member States. How often, and in particular by which actors,
is the EU Charter invoked at the national level? In what type of
situations is it used? Has the approach of national courts in
general, and of constitutional courts in particular, to EU law to
EU fundamental rights law changed following the entry into force of
the Charter? What sort of interplay does the Charter generate with
the national bill of rights and the European Convention? Is the
life with the Charter on the national level a harmonious
'praktische Konkordanz' or rather a messy 'menage a trois'? These
and other questions are discussed in the four parts that form the
book. Part I is dedicated to the normative foundations. Part II
sets out Member States' Perspectives, providing a structured,
in-depth account of the Charter's operation in 16 different Member
States. Part III provides a detailed evaluation of selected rights
contained within the Charter. Part IV synthesises the materials
presented up to that point to develop a series of broader
perspectives, looking to discover underlying lessons about the
relationship between EU fundamental rights law and national legal
systems.
Ten years after the Charter of Fundamental Rights of the European
Union became part of binding primary law, and twenty years since
its adoption, this volume assess the application of the EU Charter
in the Member States. How often, and in particular by which actors,
is the EU Charter invoked at the national level? In what type of
situations is it used? Has the approach of national courts in
general, and of constitutional courts in particular, to EU law to
EU fundamental rights law changed following the entry into force of
the Charter? What sort of interplay does the Charter generate with
the national bill of rights and the European Convention? Is the
life with the Charter on the national level a harmonious
'praktische Konkordanz' or rather a messy 'menage a trois'? These
and other questions are discussed in the four parts that form the
book. Part I is dedicated to the normative foundations. Part II
sets out Member States' Perspectives, providing a structured,
in-depth account of the Charter's operation in 16 different Member
States. Part III provides a detailed evaluation of selected rights
contained within the Charter. Part IV synthesises the materials
presented up to that point to develop a series of broader
perspectives, looking to discover underlying lessons about the
relationship between EU fundamental rights law and national legal
systems.
Regulation 261/2004 on Air Passengers' Rights has been amongst the
most high-profile pieces of EU secondary legislation of the past
years, generating controversial judgments of the Court of Justice,
from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation
has led to equally challenging decisions across the Member States,
ranging from judicial enthusiasm for passenger rights to domestic
courts holding that a Regulation could not be relied upon by an
individual claimant or even threatening outright to refuse to apply
its provisions. The economic stakes are significant for passengers
and airlines alike, and despite the European Commission's recent
publication of reform proposals, controversies appear far from
settled. At the same time the Regulation should, according to the
Treaty, have uniform, direct and general application in all the
Member States of the Union. How, then, can this diversity be
explained? What implications do the diverging national
interpretations have for the EU's regulatory strategy at large?
This book brings together leading experts in the field to present a
series of case studies from 15 different Member States as well as
the extra-territorial application of Regulation 261, combined with
high-level analysis from the perspectives of Aviation law and EU
law.
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