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The Eea And The Efta Court
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Author :Robert Howse Publisher :Studies on International Courts and Tribunals ISBN 13 :1108424473 Total Pages :547 pages Book Rating :4.1/5 (84 download)
Book Synopsis The Legitimacy of International Trade Courts and Tribunals by : Robert Howse
Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues
Book Synopsis The EFTA Court by : Carl Baudenbacher
Download or read book The EFTA Court written by Carl Baudenbacher and published by Hart Publishing. This book was released on 2005-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on a conference where speakers were asked to reflect on the case law of the EFTA Court and its role in the European Economic Area.
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 260 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.
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 869 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
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 598 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.
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 542 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.
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 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares and explains how the key European Union and European Economic Area legal principles of consistent interpretation are applied and developed by national courts in 12 different European Union and European Free Trade Association Member States.
Book Synopsis Agreement on the European Economic Area by : Finn Arnesen
Download or read book Agreement on the European Economic Area written by Finn Arnesen and published by Nomos/Hart. This book was released on 2018-02-08 with total page 1200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the Agreement on the European Economic Area (EEA) determine the relations of the EFTA countries Norway, Iceland and Liechtenstein with the EU and its Member States. On its basis, these three countries participate extensively in the internal market. The EEA is also discussed as a possible model for relations between the EU and the United Kingdom after Brexit. The new commentary, article by article, explores the importance of the legal practice agreement. It incorporates the extensive annexes and protocols to the agreement, which unlocks key secondary EEA law and establishes links with EU law. The current state of EEA law in Norway, Iceland and Liechtenstein is summarized by legislation and case law. The focus of the presentations lies in the commentary of the EEA regulations on the free movement of goods, the movement of persons, services and capital, transport policy and competition law. The tasks and procedures of the two EEA bodies European Surveillance Authority and EFTA Court, which are used for monitoring and dispute resolution, are explained by commenting on the EEA Regulations and the supplementary agreement concluded between Norway, Iceland and Liechtenstein. The work offers - A comprehensive overview of the special situation in Switzerland - Cross-sectional views on the effects of EEA law in Norway, Iceland and Liechtenstein and on the effects of EEA law in the EU - Important references to the international agreements accompanying the EEA - A comprehensive analysis of the changed legal environment, including the Treaty of Lisbon and other European Treaties. In addition, the commentary provides information on the current state of EEA law in the light of the case law of the EFTA Court and the legislation and case law of the three countries Norway, Iceland and Liechtenstein. For ease of use, the otherwise not easily accessible annexes and protocols, where relevant, and the supplementary agreements are printed.
Book Synopsis Rethinking Nordic Courts by : Laura Ervo
Download or read book Rethinking Nordic Courts written by Laura Ervo and published by Springer Nature. This book was released on 2021-08-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
Book Synopsis The Art of Judicial Reasoning by : Gunnar Selvik
Download or read book The Art of Judicial Reasoning written by Gunnar Selvik and published by Springer. This book was released on 2019-02-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today’s multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s)
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.
Book Synopsis Foreign Affairs and the EU Constitution by : Robert Schütze
Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Book Synopsis Reflections on the Constitutionalisation of International Economic Law by :
Download or read book Reflections on the Constitutionalisation of International Economic Law written by and published by Martinus Nijhoff Publishers. This book was released on 2013-12-09 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann ́s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of international economic law. “Construing” the constitution of international economic law, in both senses of this activity, was an aim throughout Professor Petersmann ́s academic career and this goal stands also at the heart of this book.
Download or read book EEA Law written by Sven Norberg and published by . This book was released on 1993 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Essentials of EU Law by : August Reinisch
Download or read book Essentials of EU Law written by August Reinisch and published by Cambridge University Press. This book was released on 2012-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will help students grasp the complex system of EU law.
Download or read book Bellamy & Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
Download or read book The EFTA Court written by EFTA Court and published by Bloomsbury Publishing. This book was released on 2024-10-03 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: An expert review of the workings and successes of the EFTA Court, written by internal members and external experts.
