The Future of the European Law of Civil Procedure PDF Download
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Author: Fernando Gascón Inchausti
Publisher:
ISBN: 9781780688596
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
Author: Fernando Gascón Inchausti
Publisher:
ISBN: 9781780688596
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
Author: Fabrizio Cafaggi,
Publisher: Edward Elgar Publishing
ISBN: 1786436698
Category : Law
Languages : en
Pages : 287
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Book Description
Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.
Author: Ferdinand Wollenschläger
Publisher: Kluwer Law International B.V.
ISBN: 940350210X
Category : Law
Languages : en
Pages : 439
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Book Description
Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.
Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 189
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Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406
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Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Author: Cyrille Fijnaut
Publisher:
ISBN: 9781780686974
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
This book outlines in an accessible manner the wide-ranging and revolutionary development of one of the most crucial and dynamic EU policy areas since the Maastricht Treaty: that of police and judicial cooperation between its Member States. It examines the subject in light of burning issues surrounding migration, terrorism and, of course, Brexit.
Author: Arnaud Nuyts
Publisher: Kluwer Law International B.V.
ISBN: 904112702X
Category : Law
Languages : en
Pages : 338
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Book Description
At head of title : European Commission Research Project on Judicial Cooperation in Matters of Intellectual Property and Information Technology.
Author: Robert Böttner
Publisher: BRILL
ISBN: 9004459154
Category : Law
Languages : en
Pages : 409
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Book Description
Enhanced Cooperation allows a group of Member States to use the EU’s competences and institutions to pursue a project within the Union’s framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool’s legal limits, but also its potential for European integration.
Author: Fernanda Nicola
Publisher: Cambridge University Press
ISBN: 1108210562
Category : Law
Languages : en
Pages : 661
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Book Description
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
Author: Hermann-Josef Blanke
Publisher: Springer Nature
ISBN: 3030435113
Category : Law
Languages : en
Pages : 1699
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Book Description
The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.
