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General Principles Of Community Law
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Book Synopsis General Principles of Community Law by : Xavier Groussot
Download or read book General Principles of Community Law written by Xavier Groussot and published by ISBS. This book was released on 2006 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1.General principles and the domestic law - 2.General principles and international law - 3.General principles taking individual rights seriously - 4.Administrative principles and fundamental rights - 5.Procedural principles as justice and citizen rights - 6.Judicial review of the member states actions through the use of general principles - 7.Impact of the general principles in UK public law - 8.Impact of the general principles in French public law - 9.Impact of the general principles in Swedish public law - 10.Towards a jus commune europaeum.
Book Synopsis East African Community Law by : Emmanuel Ugirashebuja
Download or read book East African Community Law written by Emmanuel Ugirashebuja and published by BRILL. This book was released on 2017-03-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Book Synopsis General Principles of European Community Law by : Ulf Bernitz
Download or read book General Principles of European Community Law written by Ulf Bernitz and published by Springer. This book was released on 2000-11-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Future, A.G. Toth
Book Synopsis General Principles of EC Law in a Process of Development by : Ulf Bernitz
Download or read book General Principles of EC Law in a Process of Development written by Ulf Bernitz and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.
Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Book Synopsis General Principles of European Community Law by : Ulf Bernitz
Download or read book General Principles of European Community Law written by Ulf Bernitz and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Book Synopsis The General Principles of EU Law by : Takis Tridimas
Download or read book The General Principles of EU Law written by Takis Tridimas and published by Oxford University Press, USA. This book was released on 2007 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.
Book Synopsis General Principles for Business and Human Rights in International Law by : Ludovica Chiussi Curzi
Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Book Synopsis Judicial Review in EU Law by : Alexander H. Türk
Download or read book Judicial Review in EU Law written by Alexander H. Türk and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review constitutes an important aspect of any legal system operating under the rule of law. This book provides a comprehensive account of judicial review in EU law by assessing the vast and complex case-law of the European Court of Justice (ECJ) in this area and the academic opinion which has accompanied its rulings over the years. It questions the prevalent view in academic literature that the Court s restrictive approach to allowing individuals direct access to the Community Courts, in case of a challenge against normative acts, amounts to a denial of an effective remedy. The author argues that the emerging constitutional nature of the European Union and its federal structure requires a more balanced view. While it will improve direct access for individuals to the Union's judiciary, the Lisbon Treaty will not radically alter the system of judicial review in the European Union. Judicial Review in EU Law will be of great interest to academics, and given its detailed discussion of case-law of the ECJ it will also appeal to postgraduate students of European law. Dealing with an important aspect of legal practice, it will be invaluable reading for practitioners in law firms and officials working in local, regional and central government.
Book Synopsis Principles of Community Property by : William Quinby De Funiak
Download or read book Principles of Community Property written by William Quinby De Funiak and published by . This book was released on 1943 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The General Principles of EC Law by : Takis Tridimas
Download or read book The General Principles of EC Law written by Takis Tridimas and published by Oxford University Press, USA. This book was released on 1999 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the main ways in which the European Court of Justice has influenced the development of the Community legal order is through the elaboration of unwritten general principles of law derived from the fundamental values underlying the national legal systems. This book provides a detailed andsystematic account of the general principles as applied by the European Court of Justice and the Court of First Instance. It highlights the various functions fulfilled by the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that theyentail. Tridimas focuses on principles such as equality, proportionality, fundamental rights and the right to a hearing. This book also analyses the liability of Member States for breaches of Community Law. It is designed for students, academics and practitioners interested in the wider areas ofEuropean law and judicial review. This book is part of the Oxford EC Law Library. The aim of this series is to publish important and original studies of the various branches of European Community Law. Each work provides a clear, concise, and original critical exposition of the law in its social, economic, and political context, at alevel which will interest the advanced student, the practitioner, the academic, and government and Community officials.
Book Synopsis The Principle of Loyalty in EU Law by : Marcus Klamert
Download or read book The Principle of Loyalty in EU Law written by Marcus Klamert and published by Oxford University Press. This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.
Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Book Synopsis The Law of Corporate Finance: General Principles and EU Law by : Petri Mäntysaari
Download or read book The Law of Corporate Finance: General Principles and EU Law written by Petri Mäntysaari and published by Springer Science & Business Media. This book was released on 2009-11-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. 1 Investments, Generic Contracts, Payments According to Volume I, contracts are one of the five generic legal tools used to manage cash flow, risk, agency relationships, and information. Many investments are therefore based on one or more contracts. Obviously, the firm should draft good contracts. Good drafting can ensure the same intended cash flow with reduced risk. Bad drafting can increase risk. This volume attempts to deconstruct contracts used by non-financial firms and analyse them from a cash flow, risk, agency, and information perspective. The starting point is a generic contract, i. e. a contract which does not belong to any particular contract type (Chapters 2–7). This volume will also focus on payment obligations. Payment obligations are characteristic of all financial instruments, and they can range from simple payment obligations in minor sales contracts and traditional lending contracts (Chapters 8– 11). 1. 2 Particular Contract Types A number of particular contract types have been discussed in the other volumes of this book. (1) A certain party’s investment contract can be another party’s fu- ing contract. Particular investment contracts will therefore be discussed in Volume III in the context of funding. (2) Many contracts are necessary in the context of business acquisitions discussed in Volume III. (3) Multi-party contracts are c- mon in corporate finance. The firm’s contracts with two or more parties range from syndicated loans to central counterparties’ contracts. Such contracts will be discussed both in Chapter 12 and Volume III.
Book Synopsis General Principles of Law by : Stefan Vogenauer
Download or read book General Principles of Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
Book Synopsis General Principles of Law - The Role of the Judiciary by : Laura Pineschi
Download or read book General Principles of Law - The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
