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 The Effectiveness of the K bler Liability in National Courts written by Zsófia Varga and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.
Download or read book Yearbook of the European Convention on Human Rights Annuaire de la convention europeenne des droits de l homme Volume 37 Volume 37 1994 written by and published by Martinus Nijhoff Publishers. This book was released on 1996-11-26 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe relates to 1994. Its presentation follows that of the previous volume. Part one contains basic texts and information of a general nature; part two deals with the European Commission of Human Rights; part three with the European Court of Human Rights; part four with the Resolutions of the Committee of Ministers; and parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A Bibliography and Index are included. Ce volume de l'Annuaire de la Convention européenne des Droits de l'Homme, préparé par la Direction des Droits de l'Homme du Conseil de l'Europe, concerne l'année 1994. La première partie contient des textes fondamentaux; la deuxième partie contient les rapports de la Commission européenne des Droits de l'Homme; la troisième partie donne des informations sur la Cour européenne des Droits de l'Homme; la quatrième partie contient des Résolutions du Comité des Ministres; et les cinquième et sixième parties regroupent toutes les autres activités concernant la Convention dans le cadre du Conseil de l'Europe et comprennent des informations sur les débats devant les parlements nationaux et sur les développements au sein des Communautés européennes concernant la protection des droits de l'homme. Le volume se termine avec une bibliographie et une index alphabétique.
Download or read book The National Courts Mandate in the European Constitution written by Monica Claes and published by Bloomsbury Publishing. This book was released on 2006-03-31 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.
Download or read book Access to Justice in Environmental Matters in the EU Acces a la Justice en Matiere D Environnement Dans L Ue written by Jonas Ebbesson and published by Kluwer Law International B.V.. This book was released on 2002-05-15 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to justice in environmental matters has been a topic for increasing legal discourse and law-making in international, European Community (EC) and national arenas. The 1998 Aarhus Convention provides new norms of international law, inspired by the 1992 Rio Declaration. EC law on access to justice is being drafted and changes can be observed in the laws of the European Union (EU) members states. This timely book presents the state-of-the-art of access to justice in environmental matters in the European Union. It provides a thematic and comparative introduction of the topic, followed by thorough descriptions of EC law and the law of each EU member state. The chapters are written in English or French with a summary in the other language. L'accandegrave;s andegrave; la justice en matiandegrave;re d'environnement a fait l'objet de plus en plus de dandeacute;bats juridiques et de dandeacute;veloppements l'andeacute;gislatifs en droit international, communautaire et national. La Convention d'Aarhus de 1998 dandeacute;finit de nouvelles normes de droit international, faisant suite andagrave; la Dandeacute;claration de Rio de 1992. Le droit communautaire en matiandegrave;re d'accandegrave;s andagrave; la justice est en voie d'andeacute;laboration et dandeacute;jandagrave; des changements peuvent andecirc;tre observandeacute;s dans les lois nationales des andEacute;tats membres de l'Union europandeacute;enne. Cet ouvrage, qui arrive en temps opportun, prandeacute;sente l'andeacute;tat actuel de l'accandegrave;s andagrave; la justice en matiandegrave;re d'environnement dans l'Union europandeacute;anne. Une introduction thandeacute;matique et comparative du sujet est suivie par une description approfondie du droit communautaire et du droit national de chaque andEacute;tat membre de l'Union europandeacute;enne. Les chapitres sont randeacute;digandeacute;s soit en franandccedil;ais soit en anglais, accompagnandeacute;s respectivement d'un randeacute;sumandeacute; dans l'autre langue.
Download or read book The African Slave Trade and Its Suppression written by Peter Hogg and published by Routledge. This book was released on 2014-02-04 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive bibliography dealing specifically with African slave trade. This volume has been sub-classified for easier consultation and the compiler has provided, where possible, descriptions and comments on the works listed.
Download or read book Sonderband Europ ische Entscheidungen written by Stefan Muckel and published by Walter de Gruyter. This book was released on 2011-12-07 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns. The present volume 42 compiles the decisions of the European Court of Human Rights and the European Court of Justice in church matters from 1980 to 2001.
Download or read book Development of Judicial Control of the European Communities written by Gerhard Bebr and published by Springer. This book was released on 2013-12-01 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.
Download or read book International Arbitration written by Hong Kong International Arbitration Centre (HKIAC) and published by Kluwer Law International B.V.. This book was released on 2019-01-17 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of his 75th birthday, Neil Kaplan's unparalleled influence in the field of international arbitration is celebrated in this book which comprises contributions from over twenty-five renowned international arbitration practitioners, all of whom credit Kaplan as having impacted the development of arbitration in their respective jurisdictions or professionally. The book is constructed as a three-part compendium as follows: • the Kaplan Lectures, an annual series established to bring some of the best minds in international arbitration to Hong Kong to address current and practical issues; • key decisions and arbitration awards rendered by Kaplan, with commentaries that make current the issues arising out of these judgments and also provide an in-depth analysis of important issues emanating from his treaty arbitration awards; • articles showcasing the reach of Kaplan's influence through reflections by several of his former assistants who are now making a mark in their own right in the international arbitration community. Arbitration practitioners will welcome this book for its practical analysis of some of the most discussed and debated 'hot issues' in arbitration law and practice today. In addition, the commentaries on Kaplan's key decisions offer especially insightful guidance for practitioners, academics and students in the field of international arbitration.
Download or read book Documents Relatifs la Monnaie Au Change Et Aux Finances Du Canada Sous Le R gime Fran ais written by Public Archives of Canada. Board of Historical Publications and published by F.A. Acland. This book was released on 1925 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Backstage at the Revolution written by Victoria Johnson and published by University of Chicago Press. This book was released on 2008 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: On July 14, 1789, a crowd of angry French citizens en route to the Bastille broke into the Paris Opera and helped themselves to any sturdy weapon they could find. Yet despite its long association with the royal court, its special privileges, and the splendor of its performances, the Opera itself was spared, even protected, by Revolutionary officials. Victoria Johnson’s Backstage at the Revolution tells the story of how this legendary opera house, despite being a lightning rod for charges of tyranny and waste, weathered the most dramatic political upheaval in European history. Sifting through royal edicts, private letters, and Revolutionary records of all kinds, Johnson uncovers the roots of the Opera’s survival in its identity as a uniquely privileged icon of French culture—an identity established by the conditions of its founding one hundred years earlier under Louis XIV. Johnson’s rich cultural history moves between both epochs, taking readers backstage to see how a motley crew of singers, dancers, royal ministers, poet entrepreneurs, shady managers, and the king of France all played a part in the creation and preservation of one of the world’s most fabled cultural institutions.
Download or read book Licensing Loyalty written by Jane McLeod and published by Penn State Press. This book was released on 2015-12-21 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Licensing Loyalty, historian Jane McLeod explores the evolution of the idea that the royal government of eighteenth-century France had much to fear from the rise of print culture. She argues that early modern French printers helped foster this view as they struggled to negotiate a place in the expanding bureaucratic apparatus of the French state. Printers in the provinces and in Paris relentlessly lobbied the government, hoping to convince authorities that printing done by their commercial rivals posed a serious threat to both monarchy and morality. By examining the French state’s policy of licensing printers and the mutually influential relationships between officials and printers, McLeod sheds light on our understanding of the limits of French absolutism and the uses of print culture in the political life of provincial France.
Download or read book Yearbook of the European Convention on Human Rights Annuaire de la convention europeenne des droits de l homme Volume 22 Volume 22 1979 written by Council of Europe and published by Martinus Nijhoff Publishers. This book was released on 1980-09-01 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.
Download or read book National Register of Microform Masters written by and published by . This book was released on 1984 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book From Plantation to Paradise written by David M. Powers and published by MSU Press. This book was released on 2014-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1764 the first printing press was established in the French Caribbean colonies, launching the official documentation of operas and plays performed there, and marking the inauguration of the first theatre in the colonies. A rigorous study of pre–French Revolution performance practices in Guadeloupe, Martinique, and Saint-Domingue (now Haiti), Powers’s book examines the elaborate system of social casting in these colonies; the environments in which nonwhite artists emerged; and both negative and positive contributions of the Catholic Church and the military to operas and concerts produced in the colonies. The author also explores the level of participation of nonwhites in these productions, as well as theatre architecture, décor, repertoire, seating arrangements, and types of audiences. The status of nonwhite artists in colonial society; the range of operas in which they performed; their accomplishments, praise, criticism; and the use of créole texts and white actors/singers à visage noirs (with blackened faces) present a clear picture of French operatic culture in these colonies. Approaching the French Revolution, the study concludes with an examination of the ways in which colonial opera was affected by slave uprisings, the French Revolution, the emergence of “patriotic theatres,” and their role in fostering support for the king, as well as the impact on subsequent operas produced in the colonies and in the United States.
Download or read book The French State in Question written by H. S. Jones and published by Cambridge University Press. This book was released on 2002-07-18 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the importance of legal theory and the idea of the state in French political culture.
