Download or read book The European Court and National Courts written by Anne Marie Slaughter and published by Bloomsbury Publishing. This book was released on 1998-03-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Karen Alter and published by . This book was released on 1995 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Henri Etienne and published by . This book was released on 1995 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Anne-Marie Slaughter and published by . This book was released on 1998 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the application of EC law by national courts and the interaction of EC law with the constraints imposed by national legal orders and national constitutional orders. It assesses the impact of the European Court of Justice on the leading member states of the European Union.
Download or read book National Courts and EU Law written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
Download or read book The European Court and National Courts written by Anne Marie Slaughter and published by Bloomsbury Publishing. This book was released on 1998-03-01 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Francesco P. Ruggeri Laderchi and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Juliane Kokott and published by . This book was released on 1995 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law Decisions in National Courts written by Franck and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint.
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Monica Claes and published by . This book was released on 1995 with total page 28 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 Hjalte Rasmussen and published by BRILL. This book was released on 1986-06-24 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt:
- Author : Karen Alter
- Publisher :
- Release : 1995
- ISBN :
- Pages : 33 pages
The European Court and National Courts Doctrine and Jurisprudence Legal Change in Its Social Context
Download or read book The European Court and National Courts Doctrine and Jurisprudence Legal Change in Its Social Context written by Karen Alter and published by . This book was released on 1995 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Paul P. Craig and published by . This book was released on 1995 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Cooperation in European Private Law written by Fabrizio Cafaggi, and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Francesco P. Ruggeri Laderchi and published by . This book was released on 1995 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Court and National Courts Doctrine and Jurisprudence written by Jens Plötner and published by . This book was released on 1995 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Passivity of Law written by Luigi Corrias and published by Springer Science & Business Media. This book was released on 2011-04-14 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.