The Politics of Judicial Co-operation in the EU
Sunday Trading, Equal Treatment and Good Faith
- Author: Hans-W. Micklitz, Otto-Friedrich-Universität Bamberg, Germany
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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.Read more
- Three case studies look into judicial co-operation between Member States and the ECJ: one on Sunday trading, one on equal treatment and one on good faith
- Contributes to the debate on the role and function 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
- Offers an original analysis of the limits of the European legal order, and of the role and function of subjective rights and European remedies
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'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
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- Date Published: July 2005
- format: Adobe eBook Reader
- isbn: 9780511111785
- contains: 4 tables
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
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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