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Procedural Autonomy of EU Member States: Paradise Lost?
Английски език
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Is procedural autonomy of EU Member State a myth or a reality? What has to be understood under this concept? §Starting from the analysis of requirements and principles regulating, more in general, the relationships between Member States and EU law, the book provides a definition of procedural autonomy able to account for its inherent limits. §Out of the analysis of the more relevant EU jurisprudence, the Author identifies the rationale underlining the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and finds out how, in an unchanged context of procedural autonomy of the Member States, national procedural law becomes ever more functionalized to the requirements of effectiveness of EU substantive law. We should rather refer to a functionalized procedural competence than to procedural autonomy. But this is no Paradise Lost at all.
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Английски език
