Eu Law In Judicial Review


Eu Law In Judicial Review
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Judicial Review In Eu Law


Judicial Review In Eu Law
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Author : Alexander H. Türk
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

Judicial Review In Eu Law written by Alexander H. Türk and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


Judicial review constitutes an important aspect of any legal system operating under the rule of law. This book provides a comprehensive account of judicial review in EU law by assessing the vast and complex case-law of the European Court of Justice (ECJ) in this area and the academic opinion which has accompanied its rulings over the years. It questions the prevalent view in academic literature that the Court s restrictive approach to allowing individuals direct access to the Community Courts, in case of a challenge against normative acts, amounts to a denial of an effective remedy. The author argues that the emerging constitutional nature of the European Union and its federal structure requires a more balanced view. While it will improve direct access for individuals to the Union's judiciary, the Lisbon Treaty will not radically alter the system of judicial review in the European Union. Judicial Review in EU Law will be of great interest to academics, and given its detailed discussion of case-law of the ECJ it will also appeal to postgraduate students of European law. Dealing with an important aspect of legal practice, it will be invaluable reading for practitioners in law firms and officials working in local, regional and central government.



Eu Law In Judicial Review


Eu Law In Judicial Review
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Author : Richard John Francis Gordon
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

Eu Law In Judicial Review written by Richard John Francis Gordon and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.


This work provides comprehensive guidance to practitioners on EU issues in the context of judicial review, taking into account the latest developments. Discussing procedure, principle, and practice in three separate parts, it explores the interaction between EU and public law and discusses the most effective approaches for managing claims.



Eu Law In Judicial Review


Eu Law In Judicial Review
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Author : Richard Gordon QC
language : en
Publisher:
Release Date : 2014

Eu Law In Judicial Review written by Richard Gordon QC and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.


This work provides comprehensive guidance to practitioners on EU issues in the context of judicial review, taking into account the latest developments. Discussing procedure, principle, and practice in three separate parts, it explores the interaction between EU and public law and discusses the most effective approaches for managing claims.



Judicial Review


Judicial Review
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Author : Susana Galera
language : en
Publisher: Council of Europe
Release Date : 2010-01-01

Judicial Review written by Susana Galera and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


"The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe."--



Indirect Judicial Review In Administrative Law


Indirect Judicial Review In Administrative Law
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Author : Mariolina Eliantonio
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-11

Indirect Judicial Review In Administrative Law written by Mariolina Eliantonio and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-11 with Law categories.


This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.



Effectiveness Versus Procedural Protection


Effectiveness Versus Procedural Protection
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Author : Allison Östlund
language : en
Publisher: Nomos Verlag
Release Date : 2019-10-29

Effectiveness Versus Procedural Protection written by Allison Östlund and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-29 with Law categories.


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.



Judicial Review


Judicial Review
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Author : Conleth Bradley
language : en
Publisher:
Release Date :

Judicial Review written by Conleth Bradley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.




Judicial Review In European Union Law Essays In Honour Of Lord Slynn


Judicial Review In European Union Law Essays In Honour Of Lord Slynn
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Author : Gordon Slynn Baron Slynn of Hadley
language : en
Publisher: Springer
Release Date : 2000-06-14

Judicial Review In European Union Law Essays In Honour Of Lord Slynn written by Gordon Slynn Baron Slynn of Hadley and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-14 with Law categories.


Paradigm in Judicial Review



Eu Administrative Law


Eu Administrative Law
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Author : Paul Craig
language : en
Publisher: Oxford University Press
Release Date : 2012-03-22

Eu Administrative Law written by Paul Craig and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.


This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.



Judicial Review Of Administration In Europe


Judicial Review Of Administration In Europe
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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2021-08-23

Judicial Review Of Administration In Europe written by Giacinto della Cananea and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-23 with Law categories.


This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.