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 Article 47 of the EU Charter and Effective Judicial Protection Volume 1 written by Matteo Bonelli and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

Download or read book Article 47 of the EU Charter and Effective Judicial Protection Volume 1 written by Matteo Bonelli and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In this first volume, an expert team explores how the Court of Justice has interpreted the principle, as expressed in particular by Article 47 of the Charter, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Addressing key questions such as legal certainty, judicial independence and procedural autonomy, this volume significantly adds to our understanding of judicial protection within the multi-level EU judicial architecture.

Download or read book Article 47 of the EU Charter and Effective Judicial Protection Volume 2 written by Matteo Bonelli and published by Bloomsbury Publishing. This book was released on 2023-11-02 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.

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 Effectiveness versus Procedural Protection written by Allison Östlund and published by Nomos Verlag. This book was released on 2019-10-29 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Arbeit untersucht das Spannungsfeld zwischen einem fairen Resultat und Fairplay im Rechtsverfahren. Bislang hat der Europäische Gerichtshof es traditionell abgelehnt, hier eine klare Wahl zu treffen, indem er sich in Vorabentscheidungen im Zusammenhang mit der ex officio-Überprüfung weitgehend dem nationalen Recht unterwirft. Diese Arbeit zeigt, dass spezifische Schutzvorrechte zunehmend substantiell korrekte Urteile hervorgebracht haben, während ein neuer Grundrechtsansatz den individuellen Verfahrensschutz nicht gefördert hat.

Download or read book Rethinking access by private parties to the Court of Justice of the European Union written by Patrícia Fragoso Martins and published by Leya. This book was released on 2016-09-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book corresponds in its core to my Ph.D dissertation which was submitted at the Catolica Global School of Law in October 2012 and discussed publicly in July 2013. Attention is drawn to the following methodological options: a) The dissertation includes apart from the main text, one table of cases, one table of legislation, one table of abbreviations, one table of correspondence, the abstract and the list of bibliographic references; b) Apart from the introduction and conclusion, the dissertation is divided in two main parts, each of them divided in three chapters; c) The numbering of the chapters is autonomous in each part; d) For the sake of simplification, clarity and consistency, all bibliographic references included in footnotes follow the same pattern: AUTHOR(S)' LAST NAME, Title (for books) or "Title" (for articles/working papers), year of publication, relevant page(s); e) Bibliographic references in the same footnote are indicated by chronological order (starting with the oldest), and in case of references of the same year by alphabetical order of the author(s)' name; f) Full bibliographic references may be found in the final list of references; g) Cases are referred to in the main text according to their short designation, and are identified in footnotes only the first time they are mentioned in the text; h) In footnotes, references to cases are included in full and said references may also be found in the table of cases; i) Cases are indicated in footnotes by chronological order following the corresponding number of process regardless of the court which decided them and the date of the final decision; j) All the CJEU's cases cited are available in the Court's website (www. curia.eu); k) Legal acts are referred to in short, with full reference being included in the table of legislation; l) The use of italics is restricted to words, sentences or quotations in foreign languages and/or to highlight concepts or ideas, and are therefore of the sole responsibility of the author; m) Quotations are made in the original language and identified in quotation marks; n) For the sake of simplification, the correspondence between the old and current numbering of the Treaty provisions is not made in the text. The reader should be aware of the Tables of Correspondence annexed to the Amsterdam and Lisbon Treaties. The book includes a table with the most cited provisions throughout the text; o) The academic research which grounded the dissertation was concluded around the end of the first semester of 2012. This Ph.D is the result of several years of committed academic research, some travelling (New York, London, Germany, Madrid and Luxembourg), hard working days and sleepless nights. Such work would not have been possible without the love and friendship of many people amongst family, friends and colleagues. Given the impossibility of naming all of them, a "collective" acknowledgment for their support is hereby due. I must thank in particular to Professor Rui Medeiros from Faculdade de Direito da Universidade Catolica Portuguesa, Professor Piet Eeckhout from University College London, and Professor Miguel Poiares Maduro from Instituto Universitario Europeo for their contribution, encouragement and patience throughout the process. Also, a word is due to the partners at Campos Ferreira, Sa Carneiro eamp; Associados for their endorsement in the publication of this book. Lastly, I owe a very special thank you to my parents for many years of hard parenting work (and not enough recognition), and to my husband, Miguel, for brightening up my days and making my life so much better. This book is dedicated to him and our daughter, Maria Clara, who was born in the meantime, and whose existence gave life a whole different meaning.

Download or read book The Interim Protection of Individuals Before the European and National Courts written by Dimitrios Sinaniotis and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis focuses on the interim protection of the individual in the Community legal order. An analysis will be made of the avenues available to individuals for requesting interim relief when a case is brought before the European or the national courts. An extensive examination of the relevant case law will be performed to reveal what appears to be an evolving concept of the individual's interim protection in the European Community structure and to suggest any possible changes in order to guarantee an effective remedy of interim relief.

Download or read book Judicial Protection in the European Communities written by Henry G. Schermers and published by Springer. This book was released on 2013-11-21 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Article 47 of the EU Charter and Effective Judicial Protection Volume 2 written by Matteo Bonelli and published by Bloomsbury Publishing. This book was released on 2023-11-02 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.

Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.

Download or read book The European Court of Justice and the EU Constitutional Order written by Takis Tridimas and published by Hart Publishing. This book was released on 2024-05-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the influence of the European Court of Justice (ECJ) on the governance of the EU and concentrates on the following themes: the function of the ECJ as the Supreme Court of the Union; judicial independence; the protection of the individual in the EU legal order; the relationship between the ECJ and the other branches of government at national and Union level and the relationship between the ECJ and the General Court, the European Court of Human Rights, and national courts. It assesses the impact of the EU Reform Treaty on judicial protection and covers, among other topics, Union competence, direct effect, preliminary references, locus standi for individuals, a statistical analysis of judicial review and judicial activism. It seeks to combine a close analysis of the case law with a wider law in context approach.

Download or read book National Courts and the Application of EU Law written by Monika Domańska and published by Taylor & Francis. This book was released on 2023-09-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Download or read book The Relations between the German Constitutional Court the Court of Justice of the European Communities and the European Court of Human Rights in light of Human Rights Protection written by Marija Stambolieva and published by GRIN Verlag. This book was released on 2012-09-06 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: 1 , University of Hamburg (Europa Kolleg Hamburg), language: English, abstract: The purpose of this paper is to examine the various interactions among the various courts, the different levels of interaction and the implications to the individual. [...] The modern system or systems of protection of human rights in Europe have been developing together with, as well as within the processes of European integration. These processes started on an intergovernmental level, by the founding of the Council of Europe in 1949, after the end of the Second World War, with the main intention to prevent future devastations and severe violations of human rights in Europe. In 1950 the Member States of the Council of Europe committed to respecting the rights and values expressed in the European Convention on Human Rights (in further text ECHR). The implementation and continuous respect of the ECHR is monitored by the European Court of Human Rights (in further text ECourtHR), according to the criteria set forth by international law. Parallel to that process, another one, mainly in the field of economic integration, was marked by the establishment of the European Coal and Steel Community in 1952, the European Atomic Energy Community and the European Economic Community in 1957 (in further text the European Community/Communities or EC). By “limitation of sovereignty or a transfer of powers from the states to the community”, a new “legal system” was created, which “by contrast with ordinary international treaties (...) on the entry into force of the treaty, became an integral part of the legal systems of the member states”1. Thus, in the frameworks of its role as gatekeeper of Community law, the European Court of Justice (in further text ECJ) confirmed the creation of a new sui generis organization. [...] 1 ECJ, Case C-6/64, Costa/E.N.E.L., [1964], I-00585, point 3.

Download or read book Judicial Protection in the European Union written by Schermers and published by Kluwer Law International. This book was released on 2014-01-30 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Enforcement and Implementation of European Union Law written by Ami Barav and published by Bruylant. This book was released on 2017-11-08 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The potency of the law in fostering the process of gradual European integration is easily discernable and widely acknowledged. It is largely and conspicuously revealed by the litigation before the courts of, both, the European Union and its Member States. The concern faithfully to give the European treaty the authentic meaning and scope as intended by its authors permeates the European courts’ judgments, and the constant theme of the entitlement of those vested with rights conferred by the law of the European Union to effective judicial protection is omnipresent in their decisions. The law of European integration has been uncharted territory. The novelty of various issues which have arisen and on which the courts have had to pronounce springs from the originality of the integration venture and is commensurate with its uniqueness, distinctive nature and specific exigencies. The writings here assembled allow to trace the starting point since the inceptive formative years of the growth of a legal doctrine and an evolving jurisprudential edifice in several areas, to appraise their direction and constancy and to assay adjustments and adaptations.