Procedural Autonomy of EU Member States: Paradise Lost? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Procedural Autonomy of EU Member States: Paradise Lost? write by Diana-Urania Galetta. This book was released on 2010-07-23. Procedural Autonomy of EU Member States: Paradise Lost? available in PDF, EPUB and Kindle. Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
EU Public Procurement and Innovation
EU Public Procurement and Innovation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EU Public Procurement and Innovation write by Pedro Cerqueira Gomes. This book was released on 2021-01-29. EU Public Procurement and Innovation available in PDF, EPUB and Kindle. This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement – implying interesting harmonisation challenges, mostly regarding the use of the Innovation Partnership Procedure and the national administrative law traditions of the Member States.
Effectiveness versus Procedural Protection
Effectiveness versus Procedural Protection - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Effectiveness versus Procedural Protection write by Allison Östlund. This book was released on 2019-10-29. Effectiveness versus Procedural Protection available in PDF, EPUB and Kindle. Die Arbeit untersucht das Spannungsfeld zwischen einem fairen Resultat und Fairplay im Rechtsverfahren. Bislang hat der Europäische Gerichtshof es traditionell abgelehnt, hier eine klare Wahl zu treffen, indem er sich in Vorabentscheidungen im Zusammenhang mit der ex officio-Überprüfung weitgehend dem nationalen Recht unterwirft. Diese Arbeit zeigt, dass spezifische Schutzvorrechte zunehmend substantiell korrekte Urteile hervorgebracht haben, während ein neuer Grundrechtsansatz den individuellen Verfahrensschutz nicht gefördert hat.
Procedural Autonomy of Member States and the EU Rights of Defence in Antitrust Proceedings
Procedural Autonomy of Member States and the EU Rights of Defence in Antitrust Proceedings - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Procedural Autonomy of Member States and the EU Rights of Defence in Antitrust Proceedings write by Krystyna Kowalik-Bańczyk. This book was released on 2012. Procedural Autonomy of Member States and the EU Rights of Defence in Antitrust Proceedings available in PDF, EPUB and Kindle. The general rule concerning the application of EU law in the Member States is that, unless the procedural issues are directly regulated in EU primary or secondary law, the Member States possess a so-called 'procedural autonomy.' This rule applies fully to national antitrust proceedings, where the presumed infringement may affect trade between EU Member States (decentralised EU antitrust proceedings). However, the procedural guarantees offered to undertakings in EU antitrust proceedings before the European Commission, often referred to the undertakings' 'rights of defence,' also form a part of the procedural acquis of EU law. This article examines the question whether that procedural acquis, stemming mainly from EU courts's jurisprudence and formulated with regard to the proceedings before the European Commission, should be applied as a standard in national (i.e. Polish) antitrust proceedings where EU law applies.
Reformation or Deformation of the EU Public Procurement Rules
Reformation or Deformation of the EU Public Procurement Rules - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Reformation or Deformation of the EU Public Procurement Rules write by Grith Skovgaard Ølykke. This book was released on 2016-11-25. Reformation or Deformation of the EU Public Procurement Rules available in PDF, EPUB and Kindle. Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
