Download or read book National Remedies Before the Court of Justice written by Michael Dougan and published by . This book was released on 2004 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice has delivered an extensive body of caselaw concerning the obligation of domestic courts to provide effective judicial protection to claimants relying upon Community law rights - including such landmark judgments as Factortame and Francovich. This book offers a critical analysis of the Court's fast-changing approach to national procedural autonomy,and explores the difficult conceptual framework underpinning the caselaw. The author demonstrates how Community intervention in the domestic systems of judicial protection cannot remain unaffected by wider debates about the evolving European integration project, in particular, the tension between uniformity and differentiation as competing values influencing the exercise of Community regulatory competence. Because of its emphasis on an ideal of uniformity which has become increasingly untenable within the contemporary Community legal order, much of the existing academic discourse about national remedies and procedural rules now seems ripe for reconsideration. It is argued that the Court's jurisprudence on the decentralised enforcement of Treaty norms needs to be interpreted afresh, having regard to the recent growth of regulatory differentiation within the Community system. National Remedies Before the Court of Justice provides a challenging account of this crucial field of EU legal studies. It includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement. This book is of value to academics and practitioners alike.

Download or read book National Remedies Before the Court of Justice written by Michael Dougan and published by Hart Publishing. This book was released on 2004-12-31 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement.

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 Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection written by Clelia Lacchi and published by Éditions Larcier. This book was released on 2020-09-09 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.

Download or read book National Courts and the International Rule of Law written by Andre Nollkaemper and published by Oxford University Press. This book was released on 2011-02-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction 1: Conditions Jurisdiction Validity of International Law Standing Independence 2: Techniques Direct Application Interpretation Review of Administrative Discretion Procedural Law 3: Remedies Prevention or Determination of International Wrongs? Determination of International Wrongs Key Features of the Implementation of International Responsibility Remedies 4: Dilemmas Finality Legitimacy Effectiveness Fragmentation.

Download or read book Modern Judicial Remedies written by Kellis E. Parker and published by Aspen Publishers. This book was released on 1975 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Relationship Between European Community Law and National Law written by Andrew Oppenheimer and published by Cambridge University Press. This book was released on 1994-10-27 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.

Download or read book Judicial Protection in the European Union written by Henry G. Schermers and published by Kluwer Law International B.V.. This book was released on 2001-12-20 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Judicial Remedies in the European Communities written by Henry Schermers and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.

Download or read book Judicial Remedies in the European Communities written by L. J. Brinkhorst and published by Springer. This book was released on 1977 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.

Download or read book Remedies for Breach of EC Law written by Julian Lonbay and published by . This book was released on 1997-03-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies for Breach of EC Law Edited by Julian Lonbay Senior Lecturer, Director of the Institute of European Law, University of Birmingham Andrea Biondi Research Fellow, Institute of European Law, University of Birmingham Foreword by The Rt Hon. The Lord Slynn of Hadley A cornerstone of the success of the European Union is the effectiveness of Community law. Without adequate remedies and sanctions in the national courts to ensure the proper application, this effectiveness cannot be guaranteed. In recent years the question of available remedies has caused much debate, particularly in light of the Factortame I and Francovich cases. Since then, a number of other key cases have been heard which have widened the scope of the debate. Within the context of the development and refinement of this crucial aspect of Community-Member State relations, Remedies for Breach of EC Law draws on a team of expert commentators to analyse in detail the key issues which arise. In his Foreword, Lord Slynn highlights some of the important questions which are considered: Should Article 215 be developed to give a more effective remedy in compensation even than Francovich? Are any general lessons to be learnt from the remedies provided in the public procurement directive? Is the current atmosphere browbeating, or inducing, the Court to be less creative - should it? What are the special needs or enforcement of the law relating to the environment, to competition, to trade marks and to the protection of works of art? With its expert and in-depth analysis of this important issue, Remedies for Breach of EC Law is an essential reference for EC practitioners and academics who need to understand the implications of ensuring effective protection of EC law in national courts.

Download or read book National Courts and Preliminary References to the Court of Justice written by Krommendijk, Jasper and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.

Download or read book The Europeanisation of Remedies and Procedures through Judge Made Law written by Johanna Engström and published by Hart Publishing. This book was released on 2021-05-06 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough overview and critical analysis of the European Court of Justice's case law on national remedies and procedures for the enforcement of EU law. It examines how and why such rules have been Europeanised through the application of the principle of effective judicial protection, which is the main rationale for the limitation put on national procedural autonomy. The book contains detailed analysis of how the requirement of effective protection has been understood in relation to a range of national remedies (right to damages, interim relief, judicial review and repayment of charges) and procedural rules (standing, evidence, legal aid, division of costs, time-limits, ex officio raising of issues and res judicata). The second half of the book looks at how the Swedish judiciary has responded to the European case law on effective judicial protection. Here what emerges is that national legal and judicial culture is of vital importance when it comes to national courts fulfilling their European mandate and rendering EU law effective. The author then asks whether, in light of this, the principle of effective judicial protection is a functional and effective tool to achieve the Europeanisation of remedies and procedures.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

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 Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.