This volume introduces the reader to the Legislative Priority Rule and provides a better understanding of how the European Court of Justice resolves regulatory disputes in the presence of secondary (product) legislation, highlighting both the successes and dangers of its current approach.
This volume introduces the reader to the Legislative Priority Rule and provides a better understanding of how the European Court of Justice resolves regulatory disputes in the presence of secondary (product) legislation, highlighting both the successes and dangers of its current approach.
Eadaoin Ní Chaoimh is a post-doctoral researcher and guest lecturer in EU law and Legal English at Université Saint-Louis, Brussels. She holds a Bachelor Degree in Law and French from Trinity College Dublin (Ireland) and a Masters in EU law from the College of Europe (Bruges, Belgium). Before commencing her PhD, Dr Ní Chaoimh worked in a variety of fields of EU and Irish law, in private practice and civil society organisations.
Inhaltsangabe
* 1. Introduction: The Legislative Priority Rule and the Internal Market for Goods * 1: Introduction * 2: Regulating the Internal Market for Goods * 3: Representation and Control within the Treaty Framework * 4: Outline of the Study * 2. Foundations: The Principles Underlying the Legislative Priority Rule * 1: Introduction * 2: The Pre-emption Principle * 3: The Presumption of Constitutionality * 4: Conclusion * 3. Development: From Ad Hoc Guideline to Constitutional Compass * 1: Introduction * 2: Establishment (1956-1993) * 3: Refinement (1990s to the Present Day) * 4: Conclusion * 4. Application: The Legislative Priority Rule Before the Court * 1: Introduction * 2: Case-Law Review: Enforcing and Limiting the Effects of EU Product Rules * 3: Assessing the Case-Law * 4: Conclusion * 5. Towards a New Framework for Review * 1: Introduction * 2: The Current Framework: A Binary Vision of EU Regulation * 3: Beyond the Binary Vision * 4: Conclusion * Conclusion
* 1. Introduction: The Legislative Priority Rule and the Internal Market for Goods * 1: Introduction * 2: Regulating the Internal Market for Goods * 3: Representation and Control within the Treaty Framework * 4: Outline of the Study * 2. Foundations: The Principles Underlying the Legislative Priority Rule * 1: Introduction * 2: The Pre-emption Principle * 3: The Presumption of Constitutionality * 4: Conclusion * 3. Development: From Ad Hoc Guideline to Constitutional Compass * 1: Introduction * 2: Establishment (1956-1993) * 3: Refinement (1990s to the Present Day) * 4: Conclusion * 4. Application: The Legislative Priority Rule Before the Court * 1: Introduction * 2: Case-Law Review: Enforcing and Limiting the Effects of EU Product Rules * 3: Assessing the Case-Law * 4: Conclusion * 5. Towards a New Framework for Review * 1: Introduction * 2: The Current Framework: A Binary Vision of EU Regulation * 3: Beyond the Binary Vision * 4: Conclusion * Conclusion
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