Download or read book A Legal and Political Interpretation of Article 215 2 new Article 288 2 of the Treaty of Rome written by Constantin Stefanou and published by Dartmouth Publishing Company. This book was released on 2000 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 215(2) [new Article 288(2)EC] introduces the right of individuals to seek compensation for damages caused to them by wrongful acts or omissions of EU institutions. This provision has been interpreted to give rise to concurrent liability between EU institutions and Member States for damages caused to individuals in, amongst others, cases of breaches of EC law. The authors argue that the post-Francovich ECJ case law on state liability allows this legal provision to be used as the legal basis for an action for damages against Member States which violate EC law and the Commission for its failure to fulfil the supervisory task entrusted to it by Article 155 [new Article 211]. The concurrent liability scenario raises theoretical questions about the position of the individual in EC law and about the supranational versus statecentric integration dialectic. Can this scenario be used as a springboard for the ECJ to offer the individual citizen of the Union a chance to finally fight back?
Download or read book Legal and Political Interpretation of Article 215 2 new Article 288 2 of the Treaty of Rome written by Constantine A. Stephanou and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Liability in EU Law written by Pekka Aalto and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
Download or read book A Theory of Legitimate Expectations for Public Administration written by Alexander Brown and published by Oxford University Press. This book was released on 2017-12-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.
Download or read book Remedies and Procedures Before the EU Courts written by René Barents and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 1050 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation likely to arise. From foundations and principles to specific issues regarding the assignment of cases, preliminary rulings, rules on evidence, annulment, illegality, failure to act, pleas, judgments and orders, appeal and much more, the book covers all essential elements of Court of Justice of the European Union procedure, including the following: division of competences between the Union courts; admissibility; rules regarding anonymity; service of documents; setting and extension of time limits, hearings, witnesses and experts; deposit and recovery of sums; application of competition rules, rules on state aid and rules on trade protection; rules in cases concerning intellectual property rights; rules in actions brought on the basis of an arbitration agreement; rules governing access to documents; languages; legal aid; interim measures; damages; expedited procedures; and scope of the rules on costs. Any lawyer seeking appropriate remedies in any case before the European Union courts will benefit enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.
Download or read book The Coherence of EU Law written by Sacha Prechal and published by Oxford University Press, USA. This book was released on 2008 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
Download or read book OLAF at the Crossroads written by Constantin Stefanou and published by Bloomsbury Publishing. This book was released on 2011-08-31 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors offer many insights into the regulatory, operational and institutional opportunities and challenges for OLAF, the European Commission's Anti-Fraud Office. Since OLAF was set up in 1999, significant changes in its functional environment have taken place including in EU criminal law and especially in mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol through recent Regulations and Memoranda of Cooperation; and the entry into force of the Lisbon Treaty.The authors advance the view that OLAF's current legal framework must address these issues adequately.The approach they take is multi-disciplinary. OLAF is examined here through the prisms of EU politics and national, European and (to some extent) comparative law, focusing not only on the identification of current problems in regulation and procedure but also on its positioning within the context of European integration. Operational issues are then extensively discussed, making this a book for practitioners as well as policy makers and academics.The book addresses the theoretical and practical aspects of anti-fraud actions within both criminal and civil aspects of public law. Although OLAF works within an incomplete EU legal framework and with varying cooperation by national authorities, its staff have devised mechanisms that address some of these issues. Nevertheless, rules covering procedural and operational issues will need to be safeguarded within future legislation.
Download or read book Frontex and Human Rights written by Melanie Fink and published by Oxford Studies in European Law. This book was released on 2019-02-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.
Download or read book Judicial Protection in the EC The Use of Article 288 2 written by Jill Wakefield and published by Springer. This book was released on 2002-08-08 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has seen an evisceration of the once-dominant democratic legal concept of "public interest". Its place is being steadily usurped by a problematic "compensation culture" which, in an ostensible effort to protect the individual, is wreaking havoc with the principles of responsibility and liability that underlie the rule of law, especially in the commercial context. Nowhere is this troubling development more evident than in the jurisprudence surrounding Article 288(2)EC, which has grown from a measure of sanction against the Community Institutions for maladministration into a remedy for infraction or injury through the fault of those Institutions or, by extension, as a result of Member State breach of Community law. Judicial Protection in the EC is the first in-depth analysis of this "hot spot" in EC law. With prodigious scholarship and persuasiveness, the author investigates the relevant case law of the Court of Justice from the standpoint of the fundamental legal principles involved. She finds that the distinct problem of the accountability of the Community Institutions, so important where democratic controls are weak, has been subsumed to the responsibility to compensate. In her penetrating commentary she identifies an erosion of basic democratic principles and points the way to ensuring that policies claimed to be in the public interest actually serve that public interest. Cases examined in detail include the "Isoglucose" cases, Brasserie, Factortame, SchandÖppenstedt, Bergaderm, LandÜtticke, and Eurocoton. The author refers extensively to the ECSC Treaty which, although it expires in July 2002, continues to provide significant authority for the interpretation of Article 288(2)EC.
Download or read book State Liability for Breaches of European Law written by Bert Van Roosebeke and published by Springer Science & Business Media. This book was released on 2007-11-10 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.
Download or read book Oxford Principles of European Union Law written by Robert Schütze and published by Oxford University Press. This book was released on 2018 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website
Download or read book Revue hell nique de droit international written by and published by . This book was released on 1999 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Issues of Economic Integration written by and published by . This book was released on 2000 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Theory and Practice written by and published by . This book was released on 2012 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Legal and Political Interpretation of Articles 224 and 225 of the Treaty of Rome written by Taylor & Francis Group and published by . This book was released on 2018-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fundamentals of Legal Research written by Roy M. Mersky and published by . This book was released on 2002 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated to include the latest developments, Fundamentals of Legal Research provides an authoritative introduction and guide to all aspects of legal research. The guide offers an in-depth discussion of the legal research process, including citators, research aids, computer-assisted research, and key Internet sources. The book's 1000+ new appendix entries simplify research, and its illustrations and charts help clarify fundamentals. Designed for use in conjunction with Jacobstein, Mersky, and Dunn's Assignment to Fundamentals of Legal Research, a workbook of exercises that complement and reinforce information in the textbook, this textbook provides updated information on digests, federal legislation, federal legislative histories, administrative law, citators, electronic legal research, legal citation form, and federal tax. The eighth edition also includes significant discussion of the Internet, information from both The Bluebook and the ALWD Citation Manual (from the Association of Legal Writing Directors), and a new chapter on United Kingdom legal systems.
Download or read book Legal Research Illustrated written by Roy M. Mersky and published by . This book was released on 2002 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces the publication process and methods for locating court cases, and examines other sources of primary law and secondary sources useful in legal research. Covers international law, English legal research, citation form, and federal taxation. This sixth edition is revised to incorporate changes in legal research methods in recent years, and includes discussion of CALR resources and major microform sets, a chapter on computer-assisted legal research, and new document illustrations.
