The Politics of Judicial Co-operation in the EU: Sunday Trading, Equal Treatment and Good Faith

Hans-W. Micklitz

doi:10.1017/CBO9780511495021

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.

'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.'

Source: European Review of Public Law

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Contents

Frontmatter
pp i-vi
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Contents
pp vii-viii
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List of figures
pp ix-ix
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List of tables
pp x-x
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Preface and acknowledgments
pp xi-xi
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Table of cases
pp xii-xxiii
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Table of treaties
pp xxiv-xxiv
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Table of EC directives
pp xxv-xxvi
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Table of statutes
pp xxvii-xxix
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Table of statutory instruments
pp xxx-xxxi
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List of abbreviations
pp xxxii-xxxiv
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1 - Judicial activism and legal politics
pp 1-42
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2 - The reconstruction of the Sunday trading cases
pp 43-164
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3 - The reconstruction of the equal treatment litigation
pp 165-291
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4 - The reconstruction of good faith in the control of unfair terms in consumer contracts
pp 292-423
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5 - The limits of judicial activism and perspectives for legal politics
pp 424-502
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Bibliography
pp 503-520
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Index
pp 521-539
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The Politics of Judicial Co-operation in the EU

Sunday Trading, Equal Treatment and Good Faith

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Contents

Frontmatter
pp i-vi

Contents
pp vii-viii

List of figures
pp ix-ix

List of tables
pp x-x

Preface and acknowledgments
pp xi-xi

Table of cases
pp xii-xxiii

Table of treaties
pp xxiv-xxiv

Table of EC directives
pp xxv-xxvi

Table of statutes
pp xxvii-xxix

Table of statutory instruments
pp xxx-xxxi

List of abbreviations
pp xxxii-xxxiv

1 - Judicial activism and legal politics
pp 1-42

2 - The reconstruction of the Sunday trading cases
pp 43-164

3 - The reconstruction of the equal treatment litigation
pp 165-291

4 - The reconstruction of good faith in the control of unfair terms in consumer contracts
pp 292-423

5 - The limits of judicial activism and perspectives for legal politics
pp 424-502

Bibliography
pp 503-520

Index
pp 521-539

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The Politics of Judicial Co-operation in the EU

Sunday Trading, Equal Treatment and Good Faith

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