Procedural Theory in EU Law

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

In this contribution I put forward the argument that (1) the application of the adjudicative principle of ‘procedural autonomy’ leads to the creation of a European judge-made procedural law. Further, this procedural law exhibits (2) a potentially problematic trans-substantive tendency, as well as (3) a conceptual difficulty as it is applied regardless of a procedural/substance distinction, exemplified, for example, in its treatment of damages. There is therefore the need for a mechanism of differentiation in the application of the principle of ‘procedural autonomy’, which at the same time articulates procedural justice concerns.
LanguageEnglish
Title of host publicationVarieties of European Economic Law and Regulation
EditorsK. Purnhagen, P. Rott
Place of PublicationSwitzerland
Pages851-862
Number of pages892
DOIs
Publication statusPublished - 2014

Publication series

NameStudies in European Economic Law and Regulation
PublisherSpringer Cham Heidelberg New York Dordrecht Londond
No.3

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procedural law
European Law
autonomy
damages
justice

Cite this

Schebesta, H. (2014). Procedural Theory in EU Law. In K. Purnhagen, & P. Rott (Eds.), Varieties of European Economic Law and Regulation (pp. 851-862). (Studies in European Economic Law and Regulation; No. 3). Switzerland. https://doi.org/10.1007/978-3-319-04903-8_42
Schebesta, H. / Procedural Theory in EU Law. Varieties of European Economic Law and Regulation. editor / K. Purnhagen ; P. Rott. Switzerland, 2014. pp. 851-862 (Studies in European Economic Law and Regulation; 3).
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Schebesta, H 2014, Procedural Theory in EU Law. in K Purnhagen & P Rott (eds), Varieties of European Economic Law and Regulation. Studies in European Economic Law and Regulation, no. 3, Switzerland, pp. 851-862. https://doi.org/10.1007/978-3-319-04903-8_42

Procedural Theory in EU Law. / Schebesta, H.

Varieties of European Economic Law and Regulation. ed. / K. Purnhagen; P. Rott. Switzerland, 2014. p. 851-862 (Studies in European Economic Law and Regulation; No. 3).

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

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Schebesta H. Procedural Theory in EU Law. In Purnhagen K, Rott P, editors, Varieties of European Economic Law and Regulation. Switzerland. 2014. p. 851-862. (Studies in European Economic Law and Regulation; 3). https://doi.org/10.1007/978-3-319-04903-8_42