...an unprecedented contribution to the debate on this subject.
Agence Europe
Regulation 261/2004 on Air Passengers’ Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission’s recent publication of reform proposals, controversies appear far from settled.At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU’s regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.
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1. Welcome Aboard: Revisiting Regulation 261/2004 Jeremias Prassl and Michal BobekPart I: EU-Level Perspectives2. Regulation 261: Three Major Issues in the Case Law of the Court of Justice of the EU Jir í Malenovský3. Regulation 261: The Passenger Rights Framework Frank Benyon4. EU Law and the Montreal Convention of 1999 David McClean5. Luxembourg v Montreal: Time for The Hague to Intervene John Balfour6. EU Regulations in the Member States: Incorporating International Norms Silvia FerreriPart II: Member States’ Perspectives7. Austria and Germany: Well-Informed Passengers, Extensive Case Law and a Strong Demand for Legal Certainty Irena Gogl-Hassanin8. The Benelux: Small is not Less Pablo Mendes de Leon and Wouter Oude Alink9. Bulgaria: Blurred Lines Alexander Kornezov10. A Pair of Wings: Air Passenger Rights in the Czech Republic and Slovakia Kristián Csach11. Estonia: All Well or is there Something in the Air? Tatjana Evas and Silvia Ustav12. France: Air Passengers Facing Long-Haul Judicial Journeys Fabien Le Bot13. The Italian Experience and Trend Laura Pierallini14. Poland: Do Not Adjust Your Seat, Passengers’ Rights are Assured Krystyna Kowalik-Banczyk15. Spain: Defeating Air Passengers’ Rights Through Procedural Rules Mireia Artigoti Golobardes16. United Kingdom and Ireland: Passenger Protection Turns a Corner Benjamin Jones17. Extraterritorial Application: Exporting European Consumer Protection Standards Brian F Havel and John Q MulliganPart III: Broader Horizontal Perspectives18. The Turbulent Life of Regulation 261: Continuing Controversies Surrounding EU Air Passenger Rights Sacha Garben19. European Private Law: Up in the Air? Joasia Luzak20. Tackling Diversity Through Uniformity? Revisiting the Reform of Regulation 261/2004 Jeremias Prassl21. Uniform Rights? The Nature of Regulations Revisited Michal Bobek
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This book explores a series of case studies from ten different Member States as well as the extra-territorial application of Regulation 261.
A forum for exploring the impact of landmark CJEU judgments and secondary legislation across the EU.Located at the cross-section between EU law, comparative law and socio-legal studies, EU Law in the Member States explores the interaction of EU law and national legal systems by analysing comparative evidence of the impact landmark EU measures—from CJEU decisions and secondary legislation to soft-law—have had across different Member States. The nature and operation of EU law has traditionally been analysed in a highly ‘centralised’ way, through the lenses of Brussels and Luxembourg, and in terms of the Treaty and its interpretation by the Court of Justice. Beneath this orthodoxy, however, lies the complex world of the genuine life of EU law in the Member States. Judicial and administrative practices across the Union’s 28 Member States considerably qualify and sometimes even challenge the long-standing assumption that doctrines such as the direct effect and supremacy of EU law ensure a uniform and effective application of its provisions.Each volume brings together leading academics, national experts and practitioners in order to draw conclusions both for EU law generally and the specific area in question on the basis of Member State reports and broader horizontal papers, and will be of interest to generalist EU lawyers and specialists in each field across the Member States. Academic audiences will benefit from the tight integration of national case studies and doctrinal analysis, whilst practitioners and policy makers will find systematically presented comparative evidence and commentary.
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Produktdetaljer
ISBN
9781509921188
Publisert
2018-04-26
Utgiver
Vendor
Hart Publishing
Vekt
553 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
400
Biographical note
Michal Bobek is Professor of European Law at the College of Europe and research fellow at the Institute of European and Comparative Law, University of Oxford.
Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, research fellow at the Institute of European and Comparative Law, and a Tutorial Fellow at Magdalen College, Oxford.