Introductory Notes, Terminological Issues and Demarcation of the Scope of the Study.- The Procedural Autonomy of the Member States from the Viewpoint of the Principles and Criteria Regulating the Relations Between National Law and EU Law.- The Jurisprudence of the ECJ on the Procedural Autonomy of Member States: Analysis of the Fundamental Judgements.- The Procedural Autonomy of the Member States: Judges and Legislators. Conclusions.
(source: Nielsen Book Data)
Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States' and EU law, this book provides a definition of procedural autonomy able to account for the concept's inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of 'procedural autonomy' of the Member States, national procedural law becomes more and more 'functionalized' to the requirements of effectiveness of substantive EU law. As such, we should speak of a 'functionalized procedural competence' rather than of procedural autonomy. But this is by no means a case of "Paradise Lost." The book includes a foreword by Prof. Jurgen Schwarze, one of the founding fathers of European Administrative Law. (source: Nielsen Book Data)
Leiden ; Boston : Martinus Nijhoff Publishers, 2011.
Book — 1 online resource (xvii, 575 pages)
Excerpt of Table of Contents: Preface-- Acknowledgements-- List of Abbreviations-- Chapter One: General Introduction Chapter Two: Non-Legal Background to the Regulation of Gambling in the European Union Chapter Three: National Gambling Policies and Law Chapter Four: Gambling and Community Law: The Status Quo Chapter Five: Pigeon-holing Gambling: Which Freedom Provides the Appropriate Framework? Chapter Six: Compatibility of, and Commonalities between, National Approaches to Regulating Gambling Chapter Seven: General Conclusions
Appendix 1 Regulation of Gaming Machines in Great Britain
Appendix II Operating Licences, Codes of Practices Applicable to Various Forms of in Great Britain Bibliography, Index.
(source: Nielsen Book Data)
Since the 1990s the European Court of Justice has provided an institutional backdrop from which the requirements of EU law regarding gambling regulation are evolving. Given the total absence of harmonisation, Member States are competent to regulate gambling conditional upon such regulation being compatible with EU law. This book analyses the regulatory approaches undertaken in France, the Netherlands and the United Kingdom regarding a variety of forms of online and offline gambling with a view to assessing the compatibility of these approaches. Furthermore it illustrates prevailing commonalities between the regimes and injects a degree of realism into the debate, softening the hard stance taken by stakeholders at opposite ends of the policy spectrum. (source: Nielsen Book Data)