Future of Remedies in Europe

Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications, roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe.

This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors' aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims.

Contributors: Claire Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro, Henry G. Schermers, Angela Ward, Paul Beaumont, Robin White, Phil Syrpis, Tonia Novitz, Richard Rawlings.

The Future of Remedies in Europe
Claire Kilpatrick

1. Enforcing Community Rights in National Courts: Some Recent Developments
Takis Tridimas

2. Whatever Happened to Emmott? The Perfecting of Community Rules on National Time-Limits
Leo Flynn

3. A Common European Law of Remedies?
Carol Harlow

4. Addressing Problems of Imbalanced Implementation in EC Law: Remedies in an Institutional Perspective
Stephen Weatherill

5. The Scope of European Remedies: The Case of Purely Internal Situations and Reverse Discrimination
Miguel Poiares Maduro

6. The Private Enforcement of European Union Labour Laws
Bernard Ryan

7. Interplay of Private International Law and European Community Law
Paul Beaumont

8. Remedies in a Multi-Level Legal Order: The Strasbourg Court and the UK
Robin C. A. White

9. European Remedies in the Field of Human Rights
Henry G. Schermers

10. The Limits of the Uniform Application of Community Law and Effective Judicial Review: A Look Post-Amsterdam
Angela Ward

11. Remedies for Violation of Social Rights Within the Council of Europe: The Significant Absence of a Court
Tonia Novitz

12. Social Democracy and Judicial Review in the Community Order
Phil Syrpis

13. Engaged Elites: Citizen Action and Institutional Attitudes in Commission Enforcement
Richard Rawlings