Infringement Proceedings in EU Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041169105
Total Pages : 338 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Infringement Proceedings in EU Law by : Luca Prete

Download or read book Infringement Proceedings in EU Law written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.

The role of the European Commission as guardian of compliance

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Author :
Publisher : GRIN Verlag
ISBN 13 : 366898932X
Total Pages : 32 pages
Book Rating : 4.6/5 (689 download)

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Book Synopsis The role of the European Commission as guardian of compliance by : Markus Preslmayr

Download or read book The role of the European Commission as guardian of compliance written by Markus Preslmayr and published by GRIN Verlag. This book was released on 2019-07-29 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2019 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0, University of Vienna (Institut für Unternehmensrecht), language: English, abstract: This paper was originally designed as a research paper and aims to analyse both the legal nature and intention of the EU law infringement procedure. Thereby, the role of the European Commission has priority. A brief overview of effect and potential weak points of the procedure under Art. 258 TFEU will be provided. The essay deals likewise with alternative ways to ensure compliance and concludes with an insight into current legal and political challenges. [German] Diese Analyse der Rechtsnatur und Intention des Europäischen Vertragsverletzungsverfahren wurde als Studienarbeit verfasst und soll dem Leser einen kurzen Überblick über Wirkung und mögliche Schwachstellen des Vertragsverletzungsverfahrens nach Art. 258 AEUV geben. Die Arbeit behandelt auch alternative Ansätze der Rechtsdurchsetzung und zeigt überblicksartig aktuelle Probleme der Rechtsbefolgung auf Europäischer Ebene auf.

The Enforcement of EU Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191650056
Total Pages : 272 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Enforcement of EU Law by : Stine Andersen

Download or read book The Enforcement of EU Law written by Stine Andersen and published by OUP Oxford. This book was released on 2012-11-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004298711
Total Pages : 595 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective by : Dário Moura Vicente

Download or read book Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective written by Dário Moura Vicente and published by Martinus Nijhoff Publishers. This book was released on 2016-04-21 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective offers a comprehensive overview of legal issues concerning the role and interrelations of international courts and jurisdictions.

Reinforcing Rule of Law Oversight in the European Union

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Fundamental Rights in the European Union

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Publisher : OUP Oxford
ISBN 13 : 9780199548491
Total Pages : 400 pages
Book Rating : 4.5/5 (484 download)

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Book Synopsis Fundamental Rights in the European Union by : Olivier De Schutter

Download or read book Fundamental Rights in the European Union written by Olivier De Schutter and published by OUP Oxford. This book was released on 2013-11 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first full-length study of the growth and current role of fundamental rights in EU law and policy. It traces the emergence of fundamental rights through the case-law of the European Court of Justice, their consolidation through the Charter and Agency of Fundamental Rights, and their impact on the external policies of the Union.

The Enforcement of EU Law and Values

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191063517
Total Pages : 425 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Enforcement of EU Law and Values by : András Jakab

Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

East African Community Law

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Author :
Publisher : Brill - Nijhoff
ISBN 13 : 9789004322066
Total Pages : 542 pages
Book Rating : 4.3/5 (22 download)

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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 - Nijhoff. This book was released on 2017 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts in EAC and EU law, including the President of the EACJ, East African Community Law is the first comprehensive and open-access text book on EAC law which also provides a systemic comparison with the EU.

EU Law Enforcement

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Author :
Publisher : Routledge
ISBN 13 : 0429582773
Total Pages : 511 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis EU Law Enforcement by : Stefano Montaldo

Download or read book EU Law Enforcement written by Stefano Montaldo and published by Routledge. This book was released on 2021-02-22 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

Defending Checks and Balances in EU Member States

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Author :
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Due Process in EU Competition Proceedings

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132724
Total Pages : 578 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Due Process in EU Competition Proceedings by : Ivo Van Bael

Download or read book Due Process in EU Competition Proceedings written by Ivo Van Bael and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to describe the rules of due process as they are being applied today and as they have evolved over the years. The book offers an intensive analysis of the more important issues of due process that arise in the quasi-criminal context of infringement proceedings and in the somewhat less adversarial context of merger clearance proceedings.

National Courts and EU Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783479906
Total Pages : 288 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis National Courts and EU Law by : Bruno de Witte

Download or read book National Courts and EU Law written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

EU Procedural Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198707339
Total Pages : 1051 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis EU Procedural Law by : Koen Lenaerts

Download or read book EU Procedural Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2014-03 with total page 1051 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines their role, competences and the types of actions that may be brought before them.

The State of the European Union, 6

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Author :
Publisher : Oxford University Press
ISBN 13 : 9780199257409
Total Pages : 436 pages
Book Rating : 4.2/5 (574 download)

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Book Synopsis The State of the European Union, 6 by : Tanja A. Börzel

Download or read book The State of the European Union, 6 written by Tanja A. Börzel and published by Oxford University Press. This book was released on 2003-09-04 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume take the dynamic interaction between law, politics and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies.

EU Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199273898
Total Pages : 1304 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis EU Law by : Paul P. Craig

Download or read book EU Law written by Paul P. Craig and published by Oxford University Press. This book was released on 2008 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two prominent experts in the field, the fourth edition of the market-leading EU Law: Text, Cases and Materials offers the reader an authoritative and comprehensive guide to the main fields of EU Law, both institutional and substantive. Through the distinctive mix of 50% text and 50% cases and materials, the fully revised and updated fourth edition addresses the significant recent developments in EU legislation, including four new chapters on topics of central importance. The new enlarged format includes a two-colour text design which easily distinguishes between author commentary and cases and materials. Craig and de Burca's EU Law: Text, Cases and Materials is the bestselling EU Law textbook - recommended by many institutions as a core text for LLB courses and trusted by thousands of students to provide an authoritative commentary on EU Law. Accompanied by an Online Resource Centre containing an: - interactive map of Europe with hot-spots on all EU member states, providing factual information on each member country - interactive timeline tracking key dates in EU legal history

European Union Law for the Twenty-First Century: Volume 2

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Author :
Publisher : Hart Publishing
ISBN 13 : 1841134600
Total Pages : 448 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis European Union Law for the Twenty-First Century: Volume 2 by : Τάκης Τριδίμας

Download or read book European Union Law for the Twenty-First Century: Volume 2 written by Τάκης Τριδίμας and published by Hart Publishing. This book was released on 2004-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.

Private Enforcement of EU Law Before National Courts

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718491
Total Pages : 656 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Private Enforcement of EU Law Before National Courts by : Folkert Wilman

Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.