1st Edition
Directives: Rights and Remedies in English and Community Law
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.
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
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.
