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References To The European Court
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Book Synopsis National Courts and Preliminary References to the Court of Justice by : Krommendijk, Jasper
Download or read book National Courts and Preliminary References to the Court of Justice written by Krommendijk, Jasper and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.
Book Synopsis Preliminary References to the European Court of Justice by : Morten Broberg
Download or read book Preliminary References to the European Court of Justice written by Morten Broberg and published by Oxford University Press, USA. This book was released on 2014-03 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed examination of the law and practice of the preliminary reference procedure in EU law. It is designed to be of practical use in litigation and case preparation.
Book Synopsis References to the European Court by : David W. K. Anderson
Download or read book References to the European Court written by David W. K. Anderson and published by . This book was released on 2002 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated to include new case law, the second edition of this definitive text provides a detailed narrative account of the procedure for referring preliminary references to the European Court for preliminary rulings, under Article 234 of the European Community Treaty and other treaties.
Book Synopsis Preliminary References to the European Court of Justice by : Morten P. Broberg
Download or read book Preliminary References to the European Court of Justice written by Morten P. Broberg and published by Oxford University Press, USA. This book was released on 2010 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the Court of Justice's practice, and the book is extensively referenced throughout with all the most relevant sources reproduced in the annexes. Readership: Advocates, Judges, and legal academics with an interest in EU law.
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.
Book Synopsis Broberg and Fenger on Preliminary References to the European Court of Justice by : Morten Broberg
Download or read book Broberg and Fenger on Preliminary References to the European Court of Justice written by Morten Broberg and published by Oxford University Press. This book was released on 2021-03-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.
Book Synopsis Can the European Court of Human Rights Shape European Public Order? by : Kanstantsin Dzehtsiarou
Download or read book Can the European Court of Human Rights Shape European Public Order? written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2021-12-02 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.
Book Synopsis Article 177 References to the European Court by : Mads Andenas
Download or read book Article 177 References to the European Court written by Mads Andenas and published by MICHIE. This book was released on 1994 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Precedents and Case-Based Reasoning in the European Court of Justice by : Marc Jacob
Download or read book Precedents and Case-Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author :Gian Antonio Benacchio Publisher :Central European University Press ISBN 13 :9637326367 Total Pages :331 pages Book Rating :4.6/5 (373 download)
Book Synopsis A Common Law for Europe by : Gian Antonio Benacchio
Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
Book Synopsis References to the European Court by : Francis Geoffrey Jacobs
Download or read book References to the European Court written by Francis Geoffrey Jacobs and published by . This book was released on 1975 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Court's Political Power by : Karen Alter
Download or read book The European Court's Political Power written by Karen Alter and published by OUP Oxford. This book was released on 2010-06-17 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development and current concerns. Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, with the critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains that the differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives. Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.
Book Synopsis Preliminary References to the European Court of Justice by : Morten Broberg
Download or read book Preliminary References to the European Court of Justice written by Morten Broberg and published by OUP Oxford. This book was released on 2014-03-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated and revised second edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. Since the first edition there have been significant changes to the European Union's legal foundations. First and foremost of those being the signing of the Lisbon Treaty, which has had both direct and indirect consequences for the preliminary reference procedure. In addition, the authors have taken into account amendments to the Rules of Procedure of the Court of Justice and the Court's amended Statute, they have added expanded treatment of the acte clair doctrine and the Court's Cartesio ruling and a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. In addition to these important updates, the authors have also revised the structure of the book. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
Book Synopsis The European Court of Justice on the European Convention on Human Rights by : Elspeth Guild
Download or read book The European Court of Justice on the European Convention on Human Rights written by Elspeth Guild and published by BRILL. This book was released on 2024-01-22 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost 25 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law. For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration. This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.
Book Synopsis Law, Democracy and the European Court of Human Rights by : Rory O'Connell
Download or read book Law, Democracy and the European Court of Human Rights written by Rory O'Connell and published by Cambridge University Press. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Book Synopsis The European Court of Human Rights by : Angelika Nussberger
Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Book Synopsis Judicial Protection in the European Union by : Henry G. Schermers
Download or read book Judicial Protection in the European Union written by Henry G. Schermers and published by Kluwer Law International B.V.. This book was released on 2001-12-20 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully describing the nature of the judicial protection available to individuals, undertakings, and member States. With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a much-needed perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing light on how the rule of law may develop in future. An introductory chapter offers a masterful description of how Treaty provisions, Community acts, international law, and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis and insight into such matters as the following: the crucial role of national courts as guarantors of the rights of individuals in Community law the validity of acts taken by Community institutions and member States, and protection against them the delivery of non-judicial opinion and other tasks of the Court of Justice the composition, function, and rules of procedure of the Court the organisation of the Court of First Instance and the appeal procedure against its decisions. Judicial Protection in the European Union is organised to facilitate its prodigious reference value. All important cases are examined, and abundant footnotes clearly indicate relevant precedents in each case. This is a fundamental source for students of European law, as well as a basic reference for practitioners and a valuable analysis of the strengths and weaknesses of the European system of judicial protection.
