The Politics of Judicial Co-operation in the EU : Sunday Trading, Equal Treatment and Good Faith
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Description
The European legal order is largely based on judicial co-operation between the European Court of Justice and the national courts. Three case studies on Sunday trading, on equal treatment of men and women and on good faith in contract law reveal that national courts and national litigants are mainly pursuing national interests by means of European law. The European Court of Justice seeks European solutions by delimiting the scope of the European legal order, by transforming the subjective rights of market citizens into political rights of union citizens, and by developing European remedies to enforce European rights.
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Product details
- Hardback | 572 pages
- 162 x 236 x 40mm | 930g
- 30 Sep 2005
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge, United Kingdom
- English
- 4 Tables, unspecified
- 0521825164
- 9780521825160
Table of contents
1. Judicial activism and legal politics; 2. The reconstruction of Sunday Trading Litigation; 3. The reconstruction of equal treatment litigation; 4. The reconstruction of good faith in the control of unfair terms in consumer contracts.
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Review quote
'The book contributes to the debate on the role and functions of the preliminary reference procedure in the making of EU law, and does so on the basis of concrete case studies which can be used for teaching. It offers an original analysis of the limits of the European legal order, and of the role and function of subjective rights and European remedies.' European Review of Public Law "What for me is the most rewarding element of the study is Micklitz's insistence on the role of organized law enforcement; he interestingly refers to the landmark study of Handler on US law. This is a challnge to future research on the particularities of the EU legal order and the specifics of the reference procedure as its most original invention." - Prof. Dr. Dr. h.c. Norbert Reich, Universitat Bremen
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About Hans-W. Micklitz
University of Bamberg
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