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Recent ECJ’s Trends on the Review of National Procedural Rules: A Story with Split Narratives in the Process of European Integration?

Language
English
Pages
23
2017 / 1-2
Digital Edition

Recent ECJ’s Trends on the Review of National Procedural Rules:
A Story with Split Narratives
in the Process of European Integration?

Georgia Kelepouri

Ph.D. candidate in EU Law at the National and Kapodistrian University of Athens

The crucial thematic “unity and disunity in the EU” is highlighted with reference to the tenability of national procedural norms and regimes. This contribution puts under scrutiny key strands in the Court’s case law in this field. The author examines, briefly, formulations of rulings and focuses on the legal reasoning of the Court that exposes different lines of case law. An overall view of the Court’s stance will offer a solid basis for pondering the implications for the process of EU integration and, therefore, for a thorough understanding of the fresh framework in which the EU judiciary operates. The classic imperative of uniformity, as expressed by the ECJ, has been profoundly altered. The current case law is underpinned by the rise of regulatory differentiation. This pattern takes account of the particularities in national legal systems but at the same time may cause rifts to the structural development of the EU.

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