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National Procedural Autonomy Revisited Consequences of differences in national rules on administrative litigation for the enforcement of environmental European Union law

E-book324 pagina’sEngels
This book examines the consequences of differences in national administrative litigation rules for the enforcement of the EIA Directive.In this book, Franziska Grashof reconsiders one of the leading principles of European administrative law: the principle of national procedural autonomy. Her work shows that due to different national administrative litigation rules, common European rules are enforced in a fragmented manner. This is illustrated with the example of the judicial enforcement of Directive 2011/92/EU on environmental impact assessment for projects in the legal systems of Germany, England and the Netherlands. Under the same rule of Union law, litigants are treated procedurally unequally, there are different enforcement chances, and judges come to different conclusions not because of diverging interpretations of the law, but because of different administrative litigation rules. Subsequently, it is discussed whether it is necessary, desirable and possible to develop common rules of administrative litigation (in environmental matters) in the Union. It is argued, that by means of the instruments which are available in the Union - specifically legislation, jurisprudence, and comparative scholarship - a more precise common standard for administrative litigation (in environmental matters) should be created, so that the principle is: ubi ius europaeum, ibi remedium europaeum.Franziska Grashof (*1988, Aachen, Germany) has studied international, European and comparative law at Maastricht University (The Netherlands). Besides writing her Ph.D. thesis, she has been studying national law in Germany.
In het kort
ISBN-13
9789089521767
Verschenen
1 februari 2016

Lijkt op dit boek

NSTC 500424719 · CB-relatie 7200643 · Bijgewerkt 6 augustus 2026
Bestel bij bol · € 64,00
← Catalogus
Omslag van National Procedural Autonomy Revisited

National Procedural Autonomy Revisited

Consequences of differences in national rules on administrative litigation for the enforcement of environmental European Union law
E-book324 pagina’sEngels
Bestel bij bol · € 64,00 →
This book examines the consequences of differences in national administrative litigation rules for the enforcement of the EIA Directive.In this book, Franziska Grashof reconsiders one of the leading principles of European administrative law: the principle of national procedural autonomy. Her work shows that due to different national administrative litigation rules, common European rules are enforced in a fragmented manner. This is illustrated with the example of the judicial enforcement of Directive 2011/92/EU on environmental impact assessment for projects in the legal systems of Germany, England and the Netherlands. Under the same rule of Union law, litigants are treated procedurally unequally, there are different enforcement chances, and judges come to different conclusions not because of diverging interpretations of the law, but because of different administrative litigation rules. Subsequently, it is discussed whether it is necessary, desirable and possible to develop common rules of administrative litigation (in environmental matters) in the Union. It is argued, that by means of the instruments which are available in the Union - specifically legislation, jurisprudence, and comparative scholarship - a more precise common standard for administrative litigation (in environmental matters) should be created, so that the principle is: ubi ius europaeum, ibi remedium europaeum.Franziska Grashof (*1988, Aachen, Germany) has studied international, European and comparative law at Maastricht University (The Netherlands). Besides writing her Ph.D. thesis, she has been studying national law in Germany.
In het kort
ISBN-13
9789089521767
Verschenen
1 februari 2016

Lijkt op dit boek

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NSTC 500424719 · CB-relatie 7200643 · Bijgewerkt 6 augustus 2026