The Efta Court

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The EFTA Court

Author : Carl Baudenbacher
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310125
Total Pages : 224 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The EFTA Court by : Carl Baudenbacher

Download or read book The EFTA Court written by Carl Baudenbacher and published by Bloomsbury Publishing. This book was released on 2005-08-19 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of free movement and national or collective preferences on the EU/EEA and WTO levels, the relationship between the European courts and the Member States in European integration, homogeneity as a general principle of European integration, and the importance of judicial dialogue. In this regard, the sentence from President Skouris of the Court of Justice of the European Communities, who called the dialogue between the EFTA Court and the EC Court 'a shining example of judicial cooperation', could also serve as a motto for the present book.

The EEA and the EFTA Court

Author : EFTA Court
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255249
Total Pages : 224 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The EEA and the EFTA Court by : EFTA Court

Download or read book The EEA and the EFTA Court written by EFTA Court and published by Bloomsbury Publishing. This book was released on 2014-11-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.

The EEA and the EFTA Court

Author : Efta Court
Publisher : Hart Publishing Limited
ISBN 13 : 9781509913855
Total Pages : 596 pages
Book Rating : 4.9/5 (138 download)

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Book Synopsis The EEA and the EFTA Court by : Efta Court

Download or read book The EEA and the EFTA Court written by Efta Court and published by Hart Publishing Limited. This book was released on 2017-01-26 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission andthe EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.

The EFTA Court

Author : Carl Baudenbacher
Publisher :
ISBN 13 : 9781472563408
Total Pages : 213 pages
Book Rating : 4.5/5 (634 download)

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Book Synopsis The EFTA Court by : Carl Baudenbacher

Download or read book The EFTA Court written by Carl Baudenbacher and published by . This book was released on 2005 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of fre.

The Handbook of EEA Law

Author : Carl Baudenbacher
Publisher : Springer
ISBN 13 : 3319243438
Total Pages : 859 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Handbook of EEA Law by : Carl Baudenbacher

Download or read book The Handbook of EEA Law written by Carl Baudenbacher and published by Springer. This book was released on 2015-12-11 with total page 859 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook comprehensively addresses the breadth of law encompassed by the EEA Agreement, which extends the European Union’s Single Market to three EFTA countries: Iceland, Liechtenstein and Norway. The Handbook is first and foremost intended for practitioners and legal scholars, but its approachable style makes it readily accessible for students. The Handbook provides the reader with a thorough grounding in the EEA Agreement, detailing how secondary EU law becomes applicable in the EFTA pillar, and the roles played by the EFTA Surveillance Authority and the EFTA Court. It considers the EEA Agreement from the respective perspectives of the national authorities, courts, and the legal professions of Iceland, Liechtenstein and Norway. The book meticulously examines substantive EEA law, beginning with the general principles and the four freedoms, through competition law and State aid to such aspects as the precautionary principle, tax law and mutual administrative and legal assistance. Emphasis is placed on jurisprudence and especially that of the EFTA Court. Each chapter has been written by a judge, noted practitioner or eminent academic in their respective fields and the book is divided into twelve parts: Part I History and main features of the EEA Agreement Part II Genesis of EEA Law Part III Institutions and Procedure Part IV National Authorities in the EFTA Pillar Part V National Courts in the EFTA Pillar Part VI The Practicing Bar in the EFTA Pillar Part VII General Principles and Prohibition Part VIII The Fundamental Freedoms Part IX Competition Law and Related Matters Part X Further Areas of Economic Law Part XI Law of Natural and Economic Resources Part XII Social Protection and Public Health

The EFTA Court in Action

Author : Carl Baudenbacher
Publisher : German Law Pubs
ISBN 13 : 9783941389045
Total Pages : 168 pages
Book Rating : 4.3/5 (89 download)

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Book Synopsis The EFTA Court in Action by : Carl Baudenbacher

Download or read book The EFTA Court in Action written by Carl Baudenbacher and published by German Law Pubs. This book was released on 2010-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is based on lectures the author gave at the University of Iceland School of Law in 2009. Its aim is to explain the working and the case law of the EFTA Court in view of its embeddedness in the institutional framework of the Agreement on the European Economic Area. Although Europe is a special case with regard to the judicialisation of law, Baudenbacherâ??s insight and his conclusions may contribute to a better understanding of the functioning of international courts in general.

EFTA Court

Author : Carl Baudenbacher
Publisher :
ISBN 13 :
Total Pages : 117 pages
Book Rating : 4.:/5 (681 download)

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Book Synopsis EFTA Court by : Carl Baudenbacher

Download or read book EFTA Court written by Carl Baudenbacher and published by . This book was released on 2008 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Independence

Author : Carl Baudenbacher
Publisher : Springer
ISBN 13 : 3030023087
Total Pages : 520 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Judicial Independence by : Carl Baudenbacher

Download or read book Judicial Independence written by Carl Baudenbacher and published by Springer. This book was released on 2019-01-30 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

The EFTA Court

Author :
Publisher :
ISBN 13 : 9783923754885
Total Pages : 110 pages
Book Rating : 4.7/5 (548 download)

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Book Synopsis The EFTA Court by :

Download or read book The EFTA Court written by and published by . This book was released on 2004 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Fundamental Principles of EEA Law

Author : Carl Baudenbacher
Publisher : Springer
ISBN 13 : 3319451898
Total Pages : 251 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Fundamental Principles of EEA Law by : Carl Baudenbacher

Download or read book The Fundamental Principles of EEA Law written by Carl Baudenbacher and published by Springer. This book was released on 2017-10-24 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.

EFTA Court Texts Relating to Organization, Jurisdiction and Procedure of the Court

Author :
Publisher :
ISBN 13 :
Total Pages : 182 pages
Book Rating : 4.:/5 (918 download)

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Book Synopsis EFTA Court Texts Relating to Organization, Jurisdiction and Procedure of the Court by :

Download or read book EFTA Court Texts Relating to Organization, Jurisdiction and Procedure of the Court written by and published by . This book was released on 2000 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Protection in the European Economic Area

Author : Carl Baudenbacher
Publisher : German Law Pubs
ISBN 13 : 9783941389106
Total Pages : 239 pages
Book Rating : 4.3/5 (891 download)

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Book Synopsis Judicial Protection in the European Economic Area by : Carl Baudenbacher

Download or read book Judicial Protection in the European Economic Area written by Carl Baudenbacher and published by German Law Pubs. This book was released on 2012-01-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume contains the speeches of the international conference hosted by the EFTA Court on 17 June 2011 on 'Judicial Protection in the European Economic Area'. The volume documents not only the outstanding contributions made but also the discussions and thereby bears witness to the lively atmosphere at the conference. It is meant as an input to the current discussion on the accomplishments, problems and future of the EEA Agreement.

EC and EEA Law

Author : M. Elvira Méndez-Pinedo
Publisher : Europa Law Publishing
ISBN 13 : 9789089520661
Total Pages : 364 pages
Book Rating : 4.5/5 (26 download)

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Book Synopsis EC and EEA Law by : M. Elvira Méndez-Pinedo

Download or read book EC and EEA Law written by M. Elvira Méndez-Pinedo and published by Europa Law Publishing. This book was released on 2009 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effectiveness of European Community (EC) law and the way it is enforced in order to assure the judicial protection of individuals penetrating into the national legal orders is probably the most distinguishing feature of this unique legal order, in contrast with classic international law. By now, this principle and doctrine created by the European Court of Justice has become part of the European legal order with general acceptance in all EU countries. By contrast, the effectiveness of European Economic Area (EEA) law, and the way this other even more sui generis legal system provides comparable rights for European Free Trade Association (EFTA)-EEA citizens, is a silent revolution brought by the EFTA Court that has not been properly researched and exposed in the field of European law. This book summarizes and explains the basic principles governing the relationship between EEA law and the national legal systems, while searching for similarities and differences with EC law. The research questions explored in this collection include: How does EEA law achieve supremacy over national laws? Does EEA law have direct applicability? Can we speak, under some circumstances, of a sort of direct effect of EEA law? Can EEA law be defined as having "quasi" primacy and "quasi" direct effect? What about the indirect effect of EEA law (duty of consistent interpretation)? Last but not least, does the doctrine of State liability for breaches of EC law apply to EEA law? If so, what are the differences between the two legal orders? These questions are explored from a European perspective in order to help understand the effectiveness of European law, the special relationship between the Community/EEA legal orders with the national legal systems when the enforcement of European rights, and that the judicial protection of individuals are at stake.

Your Questions about

Author :
Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.:/5 (781 download)

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Book Synopsis Your Questions about by :

Download or read book Your Questions about written by and published by . This book was released on 2000 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Order of the Court, 25 November 2014

Author : Carl Baudenbacher
Publisher :
ISBN 13 :
Total Pages : 17 pages
Book Rating : 4.:/5 (897 download)

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Book Synopsis Order of the Court, 25 November 2014 by : Carl Baudenbacher

Download or read book Order of the Court, 25 November 2014 written by Carl Baudenbacher and published by . This book was released on 2014 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Effectiveness and Application of EU and EEA Law in National Courts

Author : Christian N. K. Franklin
Publisher :
ISBN 13 : 9781780688022
Total Pages : 531 pages
Book Rating : 4.6/5 (88 download)

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Book Synopsis The Effectiveness and Application of EU and EEA Law in National Courts by : Christian N. K. Franklin

Download or read book The Effectiveness and Application of EU and EEA Law in National Courts written by Christian N. K. Franklin and published by . This book was released on 2018 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the current decentralised system of European Union (EU) and European Economic Area (EEA) law enforcement, national courts play a crucial role in securing the effectiveness and application of the law. A great deal of legal research has been expounded on how the Court of Justice of the European Union (CJEU) and the European Free Trade Association Court (EFTA Court) have established and developed the key mechanism for doing so - namely the principle of consistent interpretation. Yet the principle’s scope and limits can only be fully understood if one looks to the final outcome of cases at national level, and how national courts charged with the duty of applying the principle actually do so when faced with such issues in practice. Adopting an ambitious and consistent approach, contributors from 12 European states therefore examine the reception of the principle through national case-law, focusing on three issues: reception and understanding of the concept, its criteria for application, and its limitations. The individual contributions are further synthesised and compared in an overarching comparative chapter that identifies considerable tension between the goals of uniform and homogenous application of the principles, and a plurality of different approaches at national level. The findings further touch on a broader range of issues, providing the reader with insights into the cooperative dialogue between European and national courts more generally. The Effectiveness and Application of EU and EEA Law in National Courts will be of interest to academics, students, EU/EEA/EFTA and national institutional actors, judges, practitioners, and anyone interested in gaining unique insights into the workings of EU and EEA law and culture in practice. Christian N.K. Franklin (ed.) is Professor of Law at the University of Bergen, specialising in EU and EEA law. He is Joint Manager of the Bergen Law Faculty’s Research Group for Competition and Market Law and an Associate of the Bergen Centre for Competition Law and Economics (BECCLE).

European Courts Procedure

Author : Richard Plender
Publisher :
ISBN 13 : 9780421732605
Total Pages : 332 pages
Book Rating : 4.7/5 (326 download)

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Book Synopsis European Courts Procedure by : Richard Plender

Download or read book European Courts Procedure written by Richard Plender and published by . This book was released on 2000 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, formerly known as European Courts Practice and Precedents provides comprehensive and authoritative coverage - in a looseleaf format - of the procedure and pleadings in the Court of Justice of the EC, its Court of First Instance and the EFTA Court. Comprising the consolidated texts of the various Statutes, Rules of Procedure and Instructions to the Registrar, supported by expert commentary on each Article, and accompanied by model pleadings and precedents, it offers practitioners guidance. This edition has been updated to cover the Treaty of Amsterdam and substantial caselaw and legislative developments.