EU Law in Judicial Review

by Richard Gordon QC, Rowena Moffatt

Overview

EU law applies in a significant range of areas where public bodies take decisions that are susceptible to judicial review and it is an increasingly important element of the treatment of powers and remedies in public law. EU Law in Judicial Review is the only text of its kind to focus specifically on the relationship, both substantive and procedural, between EU law and UK domestic judicial review. This new edition provides comprehensive guidance to practitioners on how to act effectively when encountering an EU dimension in the context of judicial review, and is updated to include all the latest developments in this area. Its three-part structure divides the subject into the distinct areas of procedure, principle, and practice and displays them in a clear and functional layout, allowing for ease of use and reference.

Part One takes as its starting point the UK domestic judicial review procedures, grounds, and remedies, and analyzes them from an EU standpoint. Part Two turns to the fundamental rights and principles of law which underpin EU law. Finally, in Part Three, the book considers in detail the key areas in which judicial review and EU law interact, including competition law, state aid, public procurement, and the free movement of goods, services, and persons.

The new edition has been extensively revised to incorporate significant legal developments, in particular decisions since the Treaty of Lisbon entered into force on 1 December 2009.

Product Details

ISBN-13:	9780199675333
Publisher:	Oxford University Press
Publication date:	11/18/2014
Edition description:	2nd Revised ed.
Pages:	696
Product dimensions:	6.80(w) x 9.80(h) x 1.70(d)

About the Author

Richard Gordon QC, Barrister, Brick Court Chambers,Rowena Moffatt, Barrister, Lamb Building

Richard Gordon QC is a barrister specialising in constitutional and administrative law, EU law and competition law, and human rights. He is a Visiting Professor in the Faculty of Law at University College London and an Honorary Visiting Professor at Hong Kong University.

Rowena Moffatt is a barrister whose practice covers all areas of asylum, immigration, and nationality law, and, in particular, EU/EEA cases.

Table of Contents

PART I - EU LAW IN JUDICIAL REVIEW: PROCEDURE, GROUNDS, AND REMEDIES1. EU Law in Judicial Review Overview2. The EU Law Dimension3. Bringing an EU Law Judicial Review Challenge in the Administrative Court4. References to the CJEU5. EU Law RemediesPART II - EU GENERAL PRINCIPLES AND EU CHARTER OF FUNDAMENTAL RIGHTS IN JUDICIAL REVIEW6. General Principles of EU Law and EU Charter of Fundamental Rights - An Overview7. Equal Treatment8. Legitimate Expectations9. Non-retroactivity10. Due Process11. Proportionality12. Fundamental Rights ProtectionPART III - EU LAW AND JUDICIAL REVIEW IN PRACTICE13. State Aid and Competition14. Environmental Challenges15. Public Procurement16. EU Citizenship and Freedom of Movement of Persons17. The Commerical Freedoms18. Discrimination