Download or read book L obligation de renvoi pr judiciel la Cour de justice written by Laurent Coutron and published by Primento. This book was released on 2014-05-27 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amorcé par l’arrêt Köbler, un mouvement jurisprudentiel récent a conduit la Cour de justice à concevoir divers mécanismes qui permettent aux justiciables de sanctionner, directement ou indirectement, une juridiction nationale qui a méconnu son obligation de renvoi préjudiciel. C’est ainsi que les justiciables pourront solliciter la remise en cause de la chose décidée, voire de la chose jugée ou encore, chercher à engager la responsabilité «judiciaire» de l’État. On pressent pourtant que les solutions, très restrictives, forgées par la Cour de justice sont supplantées par les dispositifs nationaux. Ceux-ci paraissent en effet plus aisés à actionner, voire plus performants, qu’il s’agisse de la violation du droit au juge légal, comme en Allemagne ou en Espagne, ou encore de l’introduction du dispositif législatif suédois. La présentation – sans égal à ce jour – de près de vingt rapports nationaux permettra de mieux apprécier l’effectivité de la protection juridictionnelle dont disposent les justiciables via le renvoi préjudiciel. L’intérêt de cet ouvrage est d’autant plus vif que l’adhésion prochaine de l’Union européenne à la Convention européenne des droits de l’homme se traduira vraisemblablement par une revitalisation des dispositions permettant de sanctionner une violation de l’obligation de renvoi préjudiciel. Cet ouvrage s’adresse principalement aux magistrats et aux avocats, ainsi qu’aux universitaires spécialisés dans l’étude du droit processuel.

Download or read book European Administrative Law in the Constitutional Treaty written by Eva Nieto-Garrido and published by Bloomsbury Publishing. This book was released on 2007-10-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an integrated approach to general questions of European administrative law and offers some possible solutions to the problems which it poses, the Treaty establishing a Constitution for Europe being the point of reference. Under the Treaty general questions of administrative law are no longer addressed merely in a fragmented or incidental way but as a discipline that governs the exercise of sovereign powers by a supranational entity. This calls for a detailed examination of the fields which comprise European administrative law and the book therefore examines in some detail the key areas of rulemaking powers and normative instruments, the implications of the Charter of Fundamental Rights for European and national administrations, administrative procedure, and judicial protection within the European Union. The Foreword to the book is written by Professor Carol Harlow.

Download or read book Spanish Administrative Law Under European Influence written by Ortega Álvarez Ortega and published by Europa Law Publishing. This book was released on 2010 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the study of the Europeanization of Spanish administrative law, and its scope results, therefore, from the intersection of two basic notions. On the one hand, Europeanization is understood here as a top-down process of innovation suffered by national law as an outcome of the structural principles which govern the relations between European and national systems. On the other hand, the book focuses on some of the most important institutions of Spanish general administrative law, in order to give a wide and comprehensive insight into the transformations of the system, thus going beyond the description of the transformations experienced by the regulation of concrete sectors of administrative action. Specifically, the main topics discussed include regulation of administrative procedure, case law on the right to good administration, public procurement law, public services regulation, interim measures in judicial review, and the evolution of administrative sanctions.

Download or read book Solidarity and Protection of Individuals in E U Law Addressing New Challenges of the Union written by Carlos Bartolomé Jiménez Piernas and published by . This book was released on 2017 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Bibliographie Juridique de L int gration Europ enne written by and published by . This book was released on 2002 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Bibliograf a Jur dica de la Integraci n Europea written by and published by . This book was released on 1996 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The General Principles of EU Law written by Takis Tridimas and published by Oxford University Press, USA. This book was released on 2007 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.

Download or read book The Laws of Transparency in Action written by Dacian C. Dragos and published by Palgrave Macmillan. This book was released on 2018-08-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the issue of free access to information as part of the openness and transparency principles. The free access to public information has become one of the most hotly contested aspects of contemporary government and public administration. Many countries in Europe have well-established Freedom of Information laws (FOIAs), while others have adopted them more recently. The problems that occur in the implementation of FOIAs are different due to the legal and institutional context; nevertheless, patterns of best practices and malfunctioning are comparable. The book analyses in comparative and empirical perspective the respective main challenges. Whilst the existing literature focusses on the legal provisions, this book offers practical insights through 13 national profiles and the EU level, on how effective the legal provisions of FOIAs really prove to be.

Download or read book Net Neutrality written by Christopher T. Marsden and published by A&C Black. This book was released on 2010-01-18 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In considering market developments and policy responses to some of the most heated net-neutrality debates in Europe and the United States, Net Neutrality is the first, fully comprehensive overview of the subject. This book is also unique in providing readers with a supplementary outline of recommended policy prescriptives.

Download or read book Structural Principles in EU External Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.

Download or read book In the Court We Trust written by Rob van Gestel and published by Cambridge University Press. This book was released on 2019-12-19 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the lack of dialogue between the CJEU and Supreme Administrative Courts, offering scenarios for fruitful co-actorship between them.

Download or read book EU Management of Global Emergencies written by Inge Govaere and published by Martinus Nijhoff Publishers. This book was released on 2014-06-19 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises provides a thorough analysis of the role played by the European Union (EU) in combating some of the global emergencies that currently affect, or are likely to affect, our planet. In particular, the potential of a “regional” model for coping with such emergencies is examined, taking into account the perceived inefficacy of traditional prevention and reaction mechanisms provided both by individual States and international organisations. The expression “global emergencies” refers to all situations, irrespective of the subject matter involved, which are characterised by an unexpected state of crisis which affects one or more regions of the world and call for an urgent and coordinated response from competent bodies and institutions. Furthermore, the book tests the role of the EU in managing global emergencies with respect to four broad areas: the economic and financial crises, the protection of the environment, terrorism and humanitarian aid, while maintaining focus on the legal framework within which the EU deals with such global emergencies in the light of the innovations brought about by the Lisbon Treaty. With contributions by leading experts in each of the identified set of challenges, EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises aims at increasing the understanding of : (a) the contribution of regional organizations such as the EU to the management of global emergencies; (b) the effectiveness of the EU external action and the actual involvement of the EU in global cooperation processes against global emergencies; (c) global standards of human rights protection in relation to measures adopted in crises; and (d) the coordination mechanisms between the EU and other international organisations with a global or regional membership, in the management of global emergencies.

Download or read book Recognition of Foreign Administrative Acts written by Jaime Rodríguez-Arana Muñoz and published by Springer. This book was released on 2015-12-11 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

Download or read book Multicentered Feminism written by MariaCaterina La Barbera and published by MariaCaterina La Barbera. This book was released on 2009 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Change and Transformation in Latin America written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.

Download or read book Conflict of Laws in the People s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.

Download or read book ICC Arbitration in Practice written by Herman Verbist and published by Kluwer Law International B.V.. This book was released on 2015-12-19 with total page 1085 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rules of Arbitration of the International Chamber of Commerce - commonly referred to as the ICC Rules — are the rules most frequently used in commercial disputes between business partners from different countries. Since they were first launched in 1922, these Rules have been applied in over 21,000 cases. The second revised edition of this eminently practical volume provides an article-by-article commentary of the current version of the ICC Rules of Arbitration in force as from 1 January 2012. Using clear and concise language, unencumbered by footnotes and illustrated by flow diagrams, the authors guide the reader through the various stages of ICC arbitration proceedings, from initiation to the final award. This thorough analysis is enhanced with other invaluable material, including: • a digest of statistics relating to ICC arbitration for the years 2009 to 2013; • references to selected national arbitration laws and to the UNCITRAL Model Law on International Commercial Arbitration; • a bibliography, including useful web sites; and • a separate chapter on ICC’s other dispute resolution services, such as mediation, expert proceedings, dispute boards, DOCDEX and the pre-arbitral referee procedure. Appendices provide the reader with the texts of ICC’s various dispute resolution rules and other relevant documents. The authors, all practicing lawyers, have all worked as counsel at the Secretariat of the ICC International Court of Arbitration. They have gone on to represent parties and act as arbitrators in many international proceedings. They also serve as mediators and party representatives in international mediations. They are also members of the ICC Commission on Arbitration and ADR and participated in the discussions leading to the 2012 ICC Rules of Arbitration. Written from a practical perspective, this book remains an essential resource for company lawyers who wish to familiarize themselves with ICC arbitration, assess the pros and cons of entering into an arbitration clause referring to the ICC Rules, or obtain information and guidance on how to proceed in a given situation. Arbitration practitioners will find useful information on the practice of ICC arbitration, including various notes of the ICC Court Secretariat and reports of the ICC Commission on Arbitration and ADR.