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Author: Jean-Victor Louis
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 210
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Book Description
Updated edition of work incorporating developments in case law of the European Court of Justice and national courts and changes in the configuration of the European Community following enlargement.
Author: Jean-Victor Louis
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 210
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Book Description
Updated edition of work incorporating developments in case law of the European Court of Justice and national courts and changes in the configuration of the European Community following enlargement.
Author: Henry G. Schermers
Publisher: Kluwer Law International B.V.
ISBN: 9041116311
Category : Law
Languages : en
Pages : 922
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Book Description
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.
Author: Ton Heukels
Publisher: Kluwer Law International B.V.
ISBN: 9041103708
Category : Law
Languages : en
Pages : 476
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Book Description
Examining EC provisions for dealing effectively with the need to compensate individuals for wrongful acts, this volume covers topics ranging from non-contractual liability of the Community for different kinds of legal act, to questions of damages and the Community's contractual liability.
Author: Gerhard Bebr
Publisher: Springer
ISBN: 9401190194
Category : Law
Languages : en
Pages : 826
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Book Description
The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.
Author: Jean-Victor Louis
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
Recoge: 1. Special characteristics - 2. The sources of the community law - 3. Relationship to national law.
Author: Henry G. Schermers
Publisher:
ISBN: 9781489960993
Category :
Languages : en
Pages : 460
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Book Description
Author: Klaus-Dieter Borchardt
Publisher: Luxembourg : Office for Official Publications of the European Communities
ISBN:
Category : Law
Languages : en
Pages : 78
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Book Description
Author: Maria Fernaandez Esteban
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
The European Court of Justice once stated that the European Community is governed by the rule of law inasmuch as member states, Community institutions and individuals are bound to the basic constitutional charter, the Treaty. The purpose of this book is to answer the question whether this statement is still valid for the European Union, and to analyse which features best define the rule of law at the European level. In order to define the principle of the rule of law at the European level, this book undertakes a comparative analysis of what the principle means in different legal systems. An analysis is also made of the implications for national legal orders, specifically for judges. The conclusion reached as a result of the research undertaken for this book is the co-existence of two visions of the rule of law within national legal orders: the traditional view of each legal order by itself, and the new vision of the principle as defined by the Court of Justice. This legal phenomenon involves what is defined as `the paradox of the two paradigms of law', which determines a share of concepts, tools and remedies amongst legal systems.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Linda Senden
Publisher: Hart Publishing
ISBN: 1841134325
Category : Law
Languages : en
Pages : 590
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Book Description
This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
