1st Edition

Directives: Rights and Remedies in English and Community Law



ISBN 9781843110217
Published December 1, 2001 by Informa Law from Routledge
388 Pages

USD $555.00

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Book Description

Directives: Rights and Remedies in English and Community Law analyses the impact of EC Directives on national law, which has long been a problem and continues to be so - both in terms of interpretation and implementation. This book from barrister Richard Brent provides the reader with practical and invaluable insights on the legislative processes involved, the legal basis for adoption of Directives, the transposition and implementation of Directives.

Table of Contents

Part I: Validity of Directives Chapter 1  General Introduction: the Legislative Competence of the Community; Chapter 2  Legislative Discretion Chapter 3   Legislative Procedures  Chapter 4  Legal Basis  Chapter 5  Legal Formalities  Chapter 6  Substantive Legal Requirements  Chapter 7  Challenging the Validity of Directives  Chapter 8  Obtaining Damages from the Community  Part II: Obligations of Directives Part A - Transposition and Implementation  Chapter 9  General Introduction: the Nature and Scope of Obligations   Chapter 10  Transposition  Chapter 11  Implementation   Chapter 12  Defences to Breaches of the Obligation to Implement Part B - Remedies for Breach of Obligations Chapter 13  Enforcing Obligations by Direct Action  Chapter 14  Direct Effect; Chapter 15  Damages; Chapter 16  Restitution, Injunctions, Declarations Part III: Meaning of Directives Chapter 17  General introduction: the Function of Interpretation  Chapter 18  Interpretation and the Court of Justice Chapter 19  Interpretation and the English Courts  Chapter 20  The Duty to Interpret and the Meaning of National Legislation  Chapter 21  References to the Court of Justice

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Author(s)

Biography

Richard Brent is a barrister at 3 Verulam Buildings.He specialises in commercial litigation and advisory work, and he has been ranked as a Leading Junior in the directories for a number of years.