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Edited by: Mark Arnold KC, Simon Mortimore KC
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EU Law in Judicial Review 2nd ed


ISBN13: 9780199675333
Previous Edition ISBN: 9780199266630
Published: September 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £237.50



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EU law applies in a significant range of areas where public bodies take decisions that are susceptible to judicial review and it is an increasingly important element of the treatment of powers and remedies in public law. EU Law in Judicial Review is the only text of its kind to focus specifically on the relationship, both substantive and procedural, between EU law and UK domestic judicial review.

This new edition provides comprehensive guidance to practitioners on how to act effectively when encountering an EU dimension in the context of judicial review, and is updated to include all the latest developments in this area. Its three-part structure divides the subject into the distinct areas of procedure, principle, and practice and displays them in a clear and functional layout, allowing for ease of use and reference.

Part One takes as its starting point the UK domestic judicial review procedures, grounds, and remedies, and analyses them from an EU standpoint. Part Two turns to the fundamental rights and principles of law which underpin EU law. Finally, in Part Three, the book considers in detail the key areas in which judicial review and EU law interact, including competition law, state aid, public procurement, and the free movement of goods, services, and persons.

The new edition has been extensively revised to incorporate significant legal developments, in particular decisions since the Treaty of Lisbon entered into force on 1 December 2009.

Subjects:
Constitutional and Administrative Law, Judicial Review
Contents:
PART I - EU LAW IN JUDICIAL REVIEW: PROCEDURE, GROUNDS, AND REMEDIES
1. EU Law in Judicial Review Overview
2. The EU Law Dimension
3. Bringing an EU Law Judicial Review Challenge in the Administrative Court
4. References to the CJEU
5. EU Law Remedies

PART II - EU GENERAL PRINCIPLES AND EU CHARTER OF FUNDAMENTAL RIGHTS IN JUDICIAL REVIEW
6. General Principles of EU Law and EU Charter of Fundamental Rights - An Overview
7. Equal Treatment
8. Legitimate Expectations
9. Non-retroactivity
10. Due Process
11. Proportionality
12. Fundamental Rights Protection

PART III - EU LAW AND JUDICIAL REVIEW IN PRACTICE
13. State Aid and Competition
14. Environmental Challenges
15. Public Procurement
16. EU Citizenship and Freedom of Movement of Persons
17. The Commerical Freedoms
18. Discrimination