The Invalid Directive; The Legal Authority of a Union Act Requiring Domestic Law Making

Author: Dr. Thomas A.J.A. Vandamme, University of Utrecht. February 2005, 392p. Binding: hardback. Series: The Hogendorp Papers (5). ISBN: 9076871396. Price: €79; $136. Language: English. 

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About the book

The invalidation of the directive triggers interesting legal questions, most notably on how that affects the status of national implementation legislation. Is national law invalid as a direct consequence of the invalidity of the underlying directive? If that would not be the case, why would private plaintiffs be able to directly challenge directives before the ECJ and why would they provoke preliminary references on their validity? What is the point of ‘Zuckerfabrik’ interim relief against directives? 
These and other questions have been identified in this study. It thereby distinguishes between the ‘authority’ attributed to directives in European law and in Member State law. Is the ‘authority’ attributed to directives in European law such that the directive’s invalidation per se renders national law invalid? And if that would not be the case, can such invalidity follow from the ‘authority’ attributed to directives in national law itself?

About the author

Thomas Vandamme (1973) is lecturer European law at the University of Utrecht since 2003. At that same University he obtained a law degree in 1997. After working for the Amsterdam law firm Stibbe he became a Ph.D candidate European Law at the Amsterdam Centre for International Law at the University of Amsterdam. He subsequently taught European law there until 2003. He participates in the G.K. van Hogendorp Centre for European Constitutional Studies and is a member of the Dutch Association for European law. 

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