By Diana-Urania Galetta (auth.)
Is the procedural autonomy of european Member kingdom a fable or a fact? What should still this idea be taken to intend? ranging from the research of necessities and ideas regulating, regularly conversing, the relationships among Member States’ and european legislation, this publication offers a definition of procedural autonomy capable of account for the concept’s inherent limits. Out of an research of the extra appropriate ecu jurisprudence, the writer identifies the reason underlying the interventions of the ECJ on problems with procedural autonomy and the typical good judgment that emerges from it; and divulges how, in an unchanged context of ‘procedural autonomy’ of the Member States, nationwide procedural legislations turns into a growing number of ‘functionalized’ to the necessities of effectiveness of considerable european legislations. As such, we must always converse of a ‘functionalized procedural competence’ instead of of procedural autonomy. yet this can be certainly not a case of “Paradise Lost.” The ebook incorporates a foreword by way of Prof. Jürgen Schwarze, one of many founding fathers of ecu Administrative Law.
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Extra resources for Procedural Autonomy of EU Member States: Paradise Lost?: A Study on the “Functionalized Procedural Competence” of EU Member States
5 Effet Utile of the Direct Effect and the Effectiveness of the EU Law: Effectiveness as the First External Limit of the Procedural Autonomy of the Member States While – as said earlier – neither the primacy nor the direct effect of EU law come into play directly in relation to the procedural autonomy of the Member States, Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of EU rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, in Official Journal L 076, 23/03/1992 P.
32 As the ECJ reminded us in its opinion of 14 December 1991. Opinion 1/91. ’ (para. 21). 33 G. Tesauro, Diritto comunitario, p. 173. Author’s translation. For a broader, rather recent study on several aspects pertaining to the direct effect, see the monographic volume by S. Amadeo, Norme comunitarie, posizioni giuridiche soggettive e giudizi interni, p. 3 ff. See also R. Kovar, Imme´diatete´ du droit communautaire, p. 4 ff. 34 It was stated in Judgement of the ECJ of 5 February 1963. Case 26/62.
This is the case – as we shall see – 73 in the jurisprudence related to the directives on equal treatment for men and women in the workplace and in relation to social security, where there is thus a coincidence between the effet utile of the direct effect and guaranteeing an EU standard of effective protection. jurisprudential analysis of Th. Eilmansberger, The relationship between rights and remedies in EC Law: in search of the missing link, p. 1199 ff. 68 D. De Pretis, La tutela giurisdizionale amministrativa in Europa fra integrazione e diversita`, p.