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 593 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 Rethinking Access by Private Parties to the Court of Justice of the European Union written by Patrícia Fragoso Martins and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Rethinking Judicial Jurisdiction in Private International Law written by Milana Karayanidi and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.

Download or read book Shifting Centres of Gravity in Human Rights Protection written by Oddný Mjöll Arnardóttir and published by Routledge. This book was released on 2016-02-26 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.

Download or read book Rethinking Nordic Courts written by Laura Ervo and published by Springer Nature. This book was released on 2021-08-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

Download or read book Individuals at the Gate of the European Court of Justice written by Alexandra Dubová and published by . This book was released on 2010 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Great Judgments of the European Court of Justice written by William Phelan and published by Cambridge University Press. This book was released on 2019-06-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.

Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Download or read book Relocating the Rule of Law written by Gianluigi Palombella and published by Bloomsbury Publishing. This book was released on 2008-12-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.

Download or read book The EU Charter of Fundamental Rights in the Member States written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2020-12-24 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.

Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Download or read book Rethinking EU Consumer Law written by Geraint Howells and published by Routledge. This book was released on 2017-07-28 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.

Download or read book Preventive Justice written by Andrew Ashworth and published by OUP Oxford. This book was released on 2014-03-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Download or read book Exceptions in EU Copyright Law written by Tito Rendas and published by Kluwer Law International B.V.. This book was released on 2021-02-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

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 Preliminary References to the European Court of Justice written by Morten Broberg and published by OUP Oxford. This book was released on 2014-03-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated and revised second edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. Since the first edition there have been significant changes to the European Union's legal foundations. First and foremost of those being the signing of the Lisbon Treaty, which has had both direct and indirect consequences for the preliminary reference procedure. In addition, the authors have taken into account amendments to the Rules of Procedure of the Court of Justice and the Court's amended Statute, they have added expanded treatment of the acte clair doctrine and the Court's Cartesio ruling and a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. In addition to these important updates, the authors have also revised the structure of the book. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.

Download or read book The Legacy of Bosman written by Antoine Duval and published by Springer. This book was released on 2016-05-25 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, this book explores in detail how this landmark judgment legally and politically transformed the relationship between the European Union and sport. Written by leading academics in the field, the ten contributions in this book reflect on how Bosman fundamentally shaped the application of EU law to sport and its transformative effects on sports governance. The book’s innovative perspectives on the Bosman ruling makes it important reading for scholars, practitioners and policy-makers concerned with EU law and Sports law. With a foreword by Prof. Dr. Carl Otto Lenz, Advocate General at the Court of Justice in the Bosman-case. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence, where he was the conveyor of the Transnational Law Working Group. Prof. dr. Ben Van Rompuy is a senior researcher at the T.M.C. Asser Instituut, where he heads the ASSER International Sports Law Centre, and is Visiting Professor of Competition Policy at the Free University of Brussels (VUB). He holds a Ph.D. in law from the VUB and held visiting scholar positions at Georgetown University and New York University. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy, Dr. Antoine Duval and Marco van der Harst LL.M.