Download or read book Methods of interpretation and community law written by Anna Bredimas and published by . This book was released on 1978 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding EU Law written by Norbert Reich and published by Intersentia nv. This book was released on 2003 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.
Download or read book Methods of Interpretation and Community Law written by Anna Bredima-Savopoulou and published by North Holland. This book was released on 1978 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Law and Policy in the European Court of Justice written by H Rasmussen and published by Martinus Nijhoff Publishers. This book was released on 1986-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Community Law in the English Courts written by Mads Tønnesson Andenæs and published by Oxford University Press. This book was released on 1998 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines from a practical perspective the increasingly significant impact of European Community law on English domestic law and procedure. It examines both the general principles of how EC law is given effect in the English courts, and also the impact that EC law has had on a numberof particular key areas of English law. The highly eminent team of contributors is drawn from members of the judiciary and leading academics and practitioners in the field. The volume will be welcomed by practitioners and scholars alike as an illuminating study of how the domestic legal communityhas responded to the challenges posed by a new legal system which seems fundamentally different in many respects from their own. From the Foreword by Lord Bingham of Cornhill, the Lord Chief Justice 'The book makes plain the pervasive influence of Community Law on broad swathes of our economic and social life. Through the medium of our national courts, Community Law has become a central feature of legal life, and it can no longer be seen (as perhaps it once was) as an arcane study pursued by ahandful of eccentric lawyers with a taste for the occult This is a very interesting book, and a very timely one. The editors are to be congratulated on assembling an outstanding team of judges, practitioners and academics to address these important, topical and challenging issues.'
Download or read book Propositions on the Methods of Interpreting Community Law from the Point of View of a Judge written by Hans Kutscher and published by . This book was released on 1976 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2010-06-24 with total page 1209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
Download or read book The Autonomy of Community Law written by R. Barents and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the English version of my 'De communautaire rechtsorde' ... which was published by Kluwer, Deventer (the Netherlands) in 2000 ... Where necessary I have updated the text by taking account of developments until the beginning of 2003."--Foreword.
Download or read book Interpretation of Law in the Global World From Particularism to a Universal Approach written by Joanna Jemielniak and published by Springer Science & Business Media. This book was released on 2010-04-08 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.
Download or read book European Union Law written by and published by Routledge. This book was released on with total page 979 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intermediation of Insurance and Financial Services in European VAT written by Claus Bohn Jespersen and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current European VAT legislation encompassing insurance and financial services, including intermediation thereof, dates back to the adoption of the Sixth VAT Directive in 1977. The definitions do not, however, encompass the current complexity of insurance and financial transactions. This has resulted in considerable confusion for fiscal authorities and for businesses when deciding upon the application of the VAT exemption. As the correct VAT treatment has a significant economic impact on businesses, a great number of cases have been referred to the Court of Justice of the European Union. This is also the reason why the European Commission presented its proposal for the future treatment of insurance and financial services, including intermediation thereof, in November 2007. The political process has not yet been finalised and if the Commission's proposal is agreed upon, the question of understanding the definitions still exists. This book deals with the exemption for intermediation of insurance and financial services within European VAT. This implies analysing the methods of interpretation applied by the Court of Justice of the European Union when interpreting the provisions regarding insurance and financial services. Furthermore, the current definitions for intermediation of insurance and financial services as provided for in the VAT Directive are analysed and conclusions are made in order to define a single concept of intermediation. These analyses are followed by various practical scenarios from case law of the Member States concerning intermediation of insurance and financial services. Finally, comments based on the analyses carried out are given on the European Commission's proposal for amending the VAT Directive and the accompanying Regulation regarding intermediation of insurance and financial services.
Download or read book Legal Method written by Sharon Hanson and published by Cavendish Publishing. This book was released on 2000-10-17 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The competent study of law is a finely tuned balance of excellent language ability, good reading and writing skills, good personal study discipline, a thorough appreciation of the relevant areas of substantive law and excellent argumentative skills. Legal method is an important area of study for two main reasons. First, it is important for the range of techniques that it can offer to break into legal texts, both primary and secondary. Secondly, it exposes reasoning processes concerned with the theory and practise of law. The book deals in both the areas mentioned, and aims to deal with issues of.
Download or read book Fair Balance written by Jonas Christoffersen and published by BRILL. This book was released on 2009 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Courta (TM)s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of a oeprimaritya in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
Download or read book Interpreting Law and Literature written by Sanford Levinson and published by Northwestern University Press. This book was released on 1988 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Preface: "Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
Download or read book Purposive Interpretation in Law written by Aharon Barak and published by Princeton University Press. This book was released on 2011-10-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
Download or read book European Community Law on the Free Movement of Capital and Emu written by Mohamed and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the EC rules on the free movement of capital and economic and monetary union (EMU). In the context of capital freedom, the author performs a critical analysis, supported by case law, of the problems connected with the abolition of capital controls within the European Community and between the European Community and third countries. The book highlights some of the negative consequences of capital freedom, such as the scope for tax evasion and money laundering. EC rules on EMU, such as the rules on convergence criteria, Stability and Growth Pact, the euro and the continuity of contract, and others, are also presented in a detailed and critical manner.
Download or read book Judicial Methods of Interpretation of the Law written by Julio C. Cueto-Rua and published by Publications Institute Paul M. Hebert Law Center Louisiana S. This book was released on 1981 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:
