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Author: Eric E. Bergsten
Publisher: Springer Science & Business Media
ISBN: 9401505039
Category : Law
Languages : en
Pages : 151
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Book Description
The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.
Author: Eric E. Bergsten
Publisher: Springer Science & Business Media
ISBN: 9401505039
Category : Law
Languages : en
Pages : 151
Get Book
Book Description
The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.
Author: Trevor C. Hartley
Publisher: Oxford University Press, USA
ISBN: 0199290350
Category : Law
Languages : en
Pages : 536
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Book Description
Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.
Author: René David
Publisher: New York : Ocena
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 160
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Book Description
Author: Catherine Elliott
Publisher: Pearson Education
ISBN: 9781405811613
Category : Law
Languages : en
Pages : 382
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Book Description
Explains the sources of French law, the structure of the courts and professions, and the characteristics of the legal process. This book: covers the areas taught at the beginning of courses on French law; includes chapters on academic and professional law studies in France; and features illustrations on how to structure essays and exercises.
Author: George A. Bermann
Publisher: Kluwer Law International B.V.
ISBN: 9041124667
Category : Law
Languages : en
Pages : 528
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Book Description
French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.
Author: Andrew Oppenheimer
Publisher: Cambridge University Press
ISBN: 9780521472968
Category : Law
Languages : en
Pages : 1042
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Book Description
This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.
Author: Paul Craig
Publisher:
ISBN: 0198856644
Category : Law
Languages : en
Pages : 1344
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Book Description
Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis.
Author: Claire Kilpatrick
Publisher: Oxford University Press
ISBN: 0192645080
Category : Law
Languages : en
Pages : 176
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Book Description
At the beginning of 2015, the Court of Justice opened its archives, which created a new and challenging primary source for those studying the Court of Justice: the dossiers de procédure which contain much more than the contemporary documents published by the Court. This volume includes five chapters which analyse the activities of the Court of Justice from a highly diverse range of non-doctrinal perspectives. However, they also highlight significant new developments at the Court itself which attract attention and deserve analysis. Thus, the idea behind this volume is to make available new tools and approaches through which the activities of the Court of Justice can be studied. It shows a more intense engagement with scholars across disciplines to reflect on law and courts, with the Court of Justice as a central focus, and new methods (such as network citation analysis) and sources (such as the Court's archives) being discovered and developed. It also shows a more intense and deeply knowledgeable engagement with EU law and the Court of Justice by non-legal scholars, such as the new sociologies and histories of the Court of Justice. These and other new approaches have spawned productive and ongoing conversations across disciplines.
Author: Lionel Neville Brown
Publisher: Oxford University Press
ISBN: 9780198252900
Category : Administrative law
Languages : en
Pages : 333
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Book Description
Now in a much expanded and completely revised fourth edition, this work discusses the structure, procedure and jurisdiction of the French administrative courts, with emphasis on the Conseil d'tat. The author also assesses the influence of this law on selected countries within the European Community and on the law of the Community itself. The numerous appendices provide extensive judicial statistics, model pleadings and other illustrative material. The approach is comparative with frequent reference to administrative law and practice within the United Kingdom.
Author: Henry Schermers
Publisher: Springer
ISBN: 9401744122
Category : Law
Languages : en
Pages : 510
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Book Description
I. Purpose of the book § 1. The Court of Justice plays a significant role in the development of the European Communities, to some extent comparable with the role of the Supreme Court in the early years of the United States of America. Both are constitutional courts charged with the preservation and the development of the law in a new society. The powers of both are in fact limited by the 1 existing political situation. Each court plays a vital role in the protection of the individual against a vast and increasingly influential administration. In the present book the attempt is made to describe the nature of the ju dicial protection within the sphere of European Community law, that is available to individuals and undertakings as well as to the Member States. The study is heavily based on the case-law of the Court of Justice, which in principle is described rather than criticized, mainly for three reasons. (I) The author has great admiration for the Court of Justice and for the manner in which it operates. He considers that a detailed description of the Court's case-law portrays a fine legal system that is not susceptible to a great amount of fundamental criticism.
