Publisher:
Cambridge University Press, Cambridge, UK
The European legal order is largely based on judicial co-operation between the ECJ and the national courts. The three case studies outlined in the subtitle reveal that national courts and national litigants are mainly pursuing national interests,...
more
The European legal order is largely based on judicial co-operation between the ECJ and the national courts. The three case studies outlined in the subtitle reveal that national courts and national litigants are mainly pursuing national interests, while the ECJ seeks European solutions
Includes bibliographical references (p. 503-519) and index
Electronic reproduction; Available via World Wide Web
COVER; HALF-TITLE; TITLE; COPYRIGHT; DEDICATION; CONTENTS; FIGURES; TABLES; PREFACE AND ACKNOWLEDGMENTS; TABLE OF CASES; TABLE OF TREATIES; TABLE OF EC DIRECTIVES; TABLE OF STATUTES; TABLE OF STATUTORY INSTRUMENTS; ABBREVIATIONS; 1 Judicial activism and legal politics; The purpose of this book; The basics of the European legal order; The three pillars of the European legal order: judicial co-operation, organised law-enforcement, and political legitimacy; Judicial co-operation, organised law-enforcement and political legitimacy; and the common market, the internal market and…
The choice of the UK as a subject for studyThe selection of the case studies and the methodology; How to read this book; A summary of the findings of this book; 2 The reconstruction of the Sunday trading cases; Article 28: a weapon to win the Sunday trading war?; The UK government: caught between loyalty and politics; The European Commission's position in the Sunday trading litigation'; The Advocates-General and the ECJ: principal characters or merely supporting roles?; The attitude of the judges in the referring proceedings; 3 The reconstruction of the equal treatment litigation
The legal structure for achieving equality between men and womenThe appellants; 4 The reconstruction of good faith in the control of unfair terms in consumer contracts; Introduction: the reach and nature of the conflict between civil law, common law and European law; The common law position: caveat emptor and the freedom of contract; The Unfair Contract Terms Act 1977: legislative intervention in the freedom of contract; The Unfair Terms in Consumer Contracts Regulations; The concept of good faith as understood by the Office of Fair Trading
Good faith before the UK courts: the European perspective5 The limits of judicial activism and perspectives for legal politics; Communication in disorder: judicial co-operation between national and European courts; Imbalances and incapacities in organised law-enforcement; Judicial strategies to overcome the boundaries of legal-political legitimacy in Euro-litigation; BIBLIOGRAPHY; INDEX
