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Judicial Protection Through the Use of Article 288(2)EC (EUROPEAN MONOGRAPHS Volume 36) (European Monographs Series Set) [Hardcover]

By Jill Wakefield (Author)
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Item Number 189318  
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Item description for Judicial Protection Through the Use of Article 288(2)EC (EUROPEAN MONOGRAPHS Volume 36) (European Monographs Series Set) by Jill Wakefield...

The last decade has seen an evisceration of the once-dominant democratic legal concept of "public interest". Its place is being steadily usurped by a problematic "compensation culture" which, in an ostensible effort to protect the individual, is wreaking havoc with the principles of responsibility and liability that underlie the rule of law, especially in the commercial context. Nowhere is this troubling development more evident than in the jurisprudence surrounding Article 288(2)EC, which has grown from a measure of sanction against the Community Institutions for maladministration into a remedy for infraction or injury through the fault of those Institutions or, by extension, as a result of Member State breach of Community law. Judicial Protection in the EC is the first in-depth analysis of this "hot spot" in EC law. With prodigious scholarship and persuasiveness, the author investigates the relevant case law of the Court of Justice from the standpoint of the fundamental legal principles involved. She finds that the distinct problem of the accountability of the Community Institutions, so important where democratic controls are weak, has been subsumed to the responsibility to compensate. In her penetrating commentary she identifies an erosion of basic democratic principles and points the way to ensuring that policies claimed to be in the public interest actually serve that public interest. Cases examined in detail include the "Isoglucose" cases, Brasserie, Factortame, Schoppenstedt, Bergaderm, Lutticke, and Eurocoton. The author refers extensively to the ECSC Treaty which, although it expires in July 2002, continues to provide significant authority for the interpretation of Article 288(2)EC. This is an important book for all legal professionals interested not only in the development and future of European law, but in the currently prevailing global view of the principle of accountability from which the very use and practice of law derives.

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Item Specifications...

Studio: Kluwer Law International
Pages   384
Est. Packaging Dimensions:   Length: 9.61" Width: 6.54" Height: 1.1"
Weight:   1.68 lbs.
Binding  Hardcover
Release Date   Jun 1, 2002
Publisher   Kluwer Law International
ISBN  9041118233  
ISBN13  9789041118233  

Availability  55 units.
Availability accurate as of May 23, 2017 10:55.
Usually ships within one to two business days from La Vergne, TN.
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Product Categories

1Books > Subjects > Law > Administrative Law > Urban, State & Local Government
2Books > Subjects > Law > Constitutional Law > Constitutional Law
3Books > Subjects > Law > Constitutional Law
4Books > Subjects > Law > General
5Books > Subjects > Law > International Law
6Books > Subjects > Professional & Technical > Law > Administrative Law > Urban, State & Local Government
7Books > Subjects > Professional & Technical > Law > International Law

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