Directives In Ec Law

Paperback | April 20, 2006

bySacha Prechal

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This fully revised and updated new edition offers a detailed exposition of EC Directives, individual rights, and the protection of those rights in national courts. Three central themes are investigated: the characteristics of EC Directives; the role played by national courts in protecting therights which individuals derive from Directives; and the 'devices' and means by which the courts may implement this protection. Focussing initially upon clear examples from the ECJ case law, the author then moves on to discuss specific 'lines' within that case law, and to examine how these 'lines' complement or contradict each other. Throughout the text, the author's empirical argument is enriched by discussion of doctrineand theory. Less orthodox ideas are also incorporated through selective use of a comparative approach which illuminates the workings of EC directives from the broader perspective of the EC as a whole. In an updated conclusion, the prospects of Directives in the future and in the light of the nascentEuropean Constitution are discussed. The result is an extensive and in-depth analysis of Directives, the case-law of the ECJ, and legal writing on the topic, which also engages with the more practical issues of implementation and enforcement in the courts.

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From the Publisher

This fully revised and updated new edition offers a detailed exposition of EC Directives, individual rights, and the protection of those rights in national courts. Three central themes are investigated: the characteristics of EC Directives; the role played by national courts in protecting therights which individuals derive from Directi...

Sacha Prechal is Professor of International and European Institutional Law, University of Utrecht Faculty of Law.
Format:PaperbackDimensions:384 pages, 9.21 × 6.14 × 0.84 inPublished:April 20, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199207593

ISBN - 13:9780199207596

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Table of Contents

Table of CasesAbbreviations1. Introduction2. Directives as Binding Instruments of Legislative Action3. On the Content of Directives4. The Addressees of a Directive5. Implementation of Directives6. Directives as Sources of Rights7. The Role of National Courts8. Consistent Interpretation9. Direct Effect of Directives10. Liability of the State in Cases of Inadequate Implementation of Directives11. Drawing the Lines TogetherBibliographyIndex

Editorial Reviews

`...an encyclopaedia of information and analysis of the form and content of European directives and of their impact within national legal systems...Prechal's detailed study is an important contribution to the existing literature on the enforcement of Community law at national level.'Aine Ryall, Yearbook of European Law