TY - BOOK ID - 8581691 TI - Procedural Autonomy of EU Member States: Paradise Lost? : A Study on the "Functionalized Procedural Competence" of EU Member States PY - 2010 SN - 3642448569 3642125468 9786612927638 1282927639 3642125476 9783642125478 9783642125461 PB - Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, DB - UniCat KW - International and municipal law --European Union countries. KW - Procedure (Law) --European Union countries. KW - International and municipal law KW - Procedure (Law) KW - Law - Non-U.S. KW - Law - Europe, except U.K. KW - Law, Politics & Government KW - European Union. KW - E.U. KW - European Law. KW - Auslegung. KW - Mitgliedsstaaten. KW - Zuständigkeit. KW - Europäische Union. KW - Recht. KW - Law. KW - Private international law. KW - Conflict of laws. KW - International law. KW - Comparative law. KW - Private International Law, International & Foreign Law, Comparative Law. KW - Private International Law, International & Foreign Law, Comparative Law . KW - Law—Europe. KW - Choice of law KW - Conflict of laws KW - Intermunicipal law KW - International law, Private KW - International private law KW - Private international law KW - Law KW - Legal polycentricity KW - Civil law KW - Europäische Union UR - https://www.unicat.be/uniCat?func=search&query=sysid:8581691 AB - 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. Jürgen Schwarze, one of the founding fathers of European Administrative Law. ER -