National Procedural Autonomy Revisited: Consequences of Differences in National Administrative Litigation Rules for the Enforcement of European Union Environmental Law - The Case of the EIA Directive - Couverture souple

Grashof, Franziska

 
9789089521804: National Procedural Autonomy Revisited: Consequences of Differences in National Administrative Litigation Rules for the Enforcement of European Union Environmental Law - The Case of the EIA Directive
Couverture souple
ISBN 10 : 9089521801 ISBN 13 : 9789089521804
Editeur : Europa Law Publishing, 2015

Synopsis

In this book, Franziska Grashof reconsiders one of the leading principles of European administrative law: the principle of national procedural autonomy. Her work shows that due to different national administrative litigation rules, common European rules are enforced in a fragmented manner. This is illustrated with the example of the judicial enforcement of Directive 2011/92/EU on environmental impact assessment for projects in the legal systems of Germany, England and the Netherlands. Under the same rule of Union law, litigants are treated procedurally unequally, there are different enforcement chances, and judges come to different conclusions not because of diverging interpretations of the law, but because of different administrative litigation rules. Subsequently, it is discussed whether it is necessary, desirable and possible to develop common rules of administrative litigation (in environmental matters) in the Union. It is argued, that by means of the instruments which are available in the Union - specifically legislation, jurisprudence, and comparative scholarship - a more precise common standard for administrative litigation (in environmental matters) should be created, so that the principle is: ubi ius europaeum, ibi remedium europaeum.
Franziska Grashof (*1988, Aachen, Germany) has studied international, European and comparative law at Maastricht University (The Netherlands). Besides writing her Ph.D. thesis, she has been studying national law in Germany.

Les informations fournies dans la section « Synopsis » peuvent faire référence à une autre édition de ce titre.

À propos de la quatrième de couverture

In this book, Franziska Grashof reconsiders one of the leading principles of European administrative law: the principle of national procedural autonomy. Her work shows that due to different national administrative litigation rules, common European rules are enforced in a fragmented manner. This is illustrated with the example of the judicial enforcement of Directive 2011/92/EU on environmental impact assessment for projects in the legal systems of Germany, England and the Netherlands. Under the same rule of Union law, litigants are treated procedurally unequally, there are different enforcement chances, and judges come to different conclusions not because of diverging interpretations of the law, but because of different administrative litigation rules. Subsequently, it is discussed whether it is necessary, desirable and possible to develop common rules of administrative litigation (in environmental matters) in the Union. It is argued, that by means of the instruments which are available in the Union - specifically legislation, jurisprudence, and comparative scholarship - a more precise common standard for administrative litigation (in environmental matters) should be created, so that the principle is: ubi ius europaeum, ibi remedium europaeum.
Franziska Grashof (*1988, Aachen, Germany) has studied international, European and comparative law at Maastricht University (The Netherlands). Besides writing her Ph.D. thesis, she has been studying national law in Germany.

Les informations fournies dans la section « A propos du livre » peuvent faire référence à une autre édition de ce titre.

Éditeur
Europa Law Publishing
Date d'édition
2015
Langue
anglais
ISBN 10 
9089521801
ISBN 13 
9789089521804
Reliure
Broché
Nombre de pages
300
Coordonnées du fabricant
Uitgeverij Paris BV, Antoine Paris
info@uitgeverijparis.nl

Pollaan 43
Zutphen
7202 BV
Pays-Bas