Procedural Autonomy Of Eu Member States Paradise Lost

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Procedural Autonomy of EU Member States: Paradise Lost?

Author : Diana-Urania Galetta
Publisher : Springer Science & Business Media
ISBN 13 : 3642125476
Total Pages : 145 pages
Book Rating : 4.6/5 (421 download)

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Book Synopsis Procedural Autonomy of EU Member States: Paradise Lost? by : Diana-Urania Galetta

Download or read book Procedural Autonomy of EU Member States: Paradise Lost? written by Diana-Urania Galetta and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.

Procedural Autonomy Across Europe

Author : Bart Krans
Publisher :
ISBN 13 : 9781780689067
Total Pages : 0 pages
Book Rating : 4.6/5 (89 download)

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Book Synopsis Procedural Autonomy Across Europe by : Bart Krans

Download or read book Procedural Autonomy Across Europe written by Bart Krans and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

EU Public Procurement and Innovation

Author : Pedro Cerqueira Gomes
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371578
Total Pages : 224 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis EU Public Procurement and Innovation by : Pedro Cerqueira Gomes

Download or read book EU Public Procurement and Innovation written by Pedro Cerqueira Gomes and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement – implying interesting harmonisation challenges, mostly regarding the use of the Innovation Partnership Procedure and the national administrative law traditions of the Member States.

Effectiveness versus Procedural Protection

Author : Allison Östlund
Publisher : Nomos Verlag
ISBN 13 : 3748901143
Total Pages : 326 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis Effectiveness versus Procedural Protection by : Allison Östlund

Download or read book Effectiveness versus Procedural Protection written by Allison Östlund and published by Nomos Verlag. This book was released on 2019-10-29 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Arbeit untersucht das Spannungsfeld zwischen einem fairen Resultat und Fairplay im Rechtsverfahren. Bislang hat der Europäische Gerichtshof es traditionell abgelehnt, hier eine klare Wahl zu treffen, indem er sich in Vorabentscheidungen im Zusammenhang mit der ex officio-Überprüfung weitgehend dem nationalen Recht unterwirft. Diese Arbeit zeigt, dass spezifische Schutzvorrechte zunehmend substantiell korrekte Urteile hervorgebracht haben, während ein neuer Grundrechtsansatz den individuellen Verfahrensschutz nicht gefördert hat.

The European Court of Justice and the Autonomy of the Member States

Author : Hans-W. Micklitz
Publisher :
ISBN 13 : 9788400000264
Total Pages : 0 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis The European Court of Justice and the Autonomy of the Member States by : Hans-W. Micklitz

Download or read book The European Court of Justice and the Autonomy of the Member States written by Hans-W. Micklitz and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whereas individual Member State governments occasionally complain about judgments of the Court of Justice of the European Union, especially when those judgments curtail that state's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed, in each treaty revision so far, to confirm and extend the far-reaching powers which the Court of Justice possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective Court of Justice with strong enforcement powers is one of the salient features of European Union law which have stood the test of time, and feel no inclination to clip the wings of that Court for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the Court in particular policy fields, have never ceased, and indeed have become more audible in recent years. This book deals with the perception that the Court of Justice, quite often, does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.

Reformation or Deformation of the EU Public Procurement Rules

Author : Grith Skovgaard Ølykke
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361813
Total Pages : 448 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Reformation or Deformation of the EU Public Procurement Rules by : Grith Skovgaard Ølykke

Download or read book Reformation or Deformation of the EU Public Procurement Rules written by Grith Skovgaard Ølykke and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on EU Institutional Law

Author : Adam Lazowski
Publisher : Edward Elgar Publishing
ISBN 13 : 1782544747
Total Pages : 520 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on EU Institutional Law by : Adam Lazowski

Download or read book Research Handbook on EU Institutional Law written by Adam Lazowski and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Automated Decision-Making and Effective Remedies

Author : Simona Demková
Publisher : Edward Elgar Publishing
ISBN 13 : 1035306611
Total Pages : 227 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Automated Decision-Making and Effective Remedies by : Simona Demková

Download or read book Automated Decision-Making and Effective Remedies written by Simona Demková and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection

The EU Charter of Fundamental Rights

Author : Steve Peers
Publisher : Bloomsbury Publishing
ISBN 13 : 1509933506
Total Pages : 2013 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The EU Charter of Fundamental Rights by : Steve Peers

Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2021-11-18 with total page 2013 pages. Available in PDF, EPUB and Kindle. Book excerpt: “..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.

The European Union Legal Order After Lisbon

Author : Patrick Birkinshaw
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131523
Total Pages : 402 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The European Union Legal Order After Lisbon by : Patrick Birkinshaw

Download or read book The European Union Legal Order After Lisbon written by Patrick Birkinshaw and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.

International Dispute Resolution

Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 127 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Roma Tre Law Review – 01/2020

Author : Giulio Napolitano
Publisher : Roma TrE-Press
ISBN 13 :
Total Pages : 319 pages
Book Rating : 4./5 ( download)

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Book Synopsis Roma Tre Law Review – 01/2020 by : Giulio Napolitano

Download or read book Roma Tre Law Review – 01/2020 written by Giulio Napolitano and published by Roma TrE-Press. This book was released on 2020-07-14 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Roma Tre Law Review” is a law review sponsored by the Department of Law of the University of Roma Tre. It is not focused on a specific topic or a set of issues, but it is aimed at surveying transversally – and from an interdisciplinary perspective – the national and trans-national legal landscape. Its main aim is to promote the diffusion of the Italian legal culture, and namely the type of scholarship produced at Roma Tre, abroad, as well as to investigate the development of the law in several fields and places from an Italian and European viewpoint. Accordingly, the review will host contributions ideally characterized by a specific set of features, and namely by their openness to comparative, historical, and interdisciplinary perspectives on all legal issues of not strictly local concern.

CJEU - Recent Developments in Value Added Tax 2022

Author : Georg Kofler
Publisher : Linde Verlag GmbH
ISBN 13 : 3709413303
Total Pages : 375 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis CJEU - Recent Developments in Value Added Tax 2022 by : Georg Kofler

Download or read book CJEU - Recent Developments in Value Added Tax 2022 written by Georg Kofler and published by Linde Verlag GmbH. This book was released on 2024-01-17 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important and recent judgments of the CJEU Considering the ever-increasing importance of indirect taxation as a source of revenue for governments, the intensifying complexity of the legal framework, and the proliferating number of countries adopting indirect taxation, it is essential to scrutinize how the law is applied in practice. The primary driving force in this area is, undoubtedly, the Court of Justice of the European Union. This book analyses selected topics (e.g., fighting VAT fraud, obligations imposed on digital platforms, taxable person, taxable transactions, place of supply, taxable base and rates, exemptions, and deductions) by examining the most prominent and recent judgments of the Court of Justice of the European Union. Experts from all over the world, not just from academia but also government and judiciary representatives, as well as tax practitioners, have provided their input and helped us compile what is an informative and worthy read for anyone dealing with indirect taxation on a professional basis.

Cases, Materials and Text on Judicial Review of Administrative Action

Author : Chris Backes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921486
Total Pages : 1031 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Cases, Materials and Text on Judicial Review of Administrative Action by : Chris Backes

Download or read book Cases, Materials and Text on Judicial Review of Administrative Action written by Chris Backes and published by Bloomsbury Publishing. This book was released on 2019-08-08 with total page 1031 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration

Author : Kai Purnhagen
Publisher : Springer Science & Business Media
ISBN 13 : 9400765436
Total Pages : 452 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration by : Kai Purnhagen

Download or read book The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration written by Kai Purnhagen and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.

Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection

Author : Clelia Lacchi
Publisher : Éditions Larcier
ISBN 13 : 2807925421
Total Pages : 278 pages
Book Rating : 4.8/5 (79 download)

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Book Synopsis Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection by : Clelia Lacchi

Download or read book Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection written by Clelia Lacchi and published by Éditions Larcier. This book was released on 2020-09-09 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.

The Changing Administrative Law of an EU Member State

Author : Domenico Sorace
Publisher : Springer Nature
ISBN 13 : 3030507807
Total Pages : 406 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis The Changing Administrative Law of an EU Member State by : Domenico Sorace

Download or read book The Changing Administrative Law of an EU Member State written by Domenico Sorace and published by Springer Nature. This book was released on 2020-09-26 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the evolution of Italian administrative law in the context of the EU, describing its distinctive features and comparing it with other experiences across Europe. It provides a comprehensive overview of administrative law in Italy, focusing on the main changes occurred over the last few decades.Although the respective chapters generally pursue a legal approach, they also consider the influence of economic, social, cultural and technological factors on the evolution of public administration and administrative law.The book is divided into three parts. The first part addresses general issues (e.g. procedures and organization of public administrations, administrative justice). The second part focuses on more specific topics (e.g. public intervention in the economy, healthcare management, local government). In the third part, the evolution of Italian administrative law is discussed in a comparative perspective.