F Lle Zum Europarecht
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F Lle Zum Europarecht
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Author : Hans-Wolfgang Arndt
language : de
Publisher:
Release Date : 2010
F Lle Zum Europarecht written by Hans-Wolfgang Arndt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with European Union categories.
F Lle Zum Europarecht
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Author : Albrecht Weber
language : de
Publisher:
Release Date : 2003
F Lle Zum Europarecht written by Albrecht Weber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
Common European Legal Thinking
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Author : Hermann-Josef Blanke
language : en
Publisher: Springer
Release Date : 2015-09-24
Common European Legal Thinking written by Hermann-Josef Blanke and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.
Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.
Yearbook Of Private International Law
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Author : P. Sarcevic
language : en
Publisher: sellier. european law publ.
Release Date : 2006-06-30
Yearbook Of Private International Law written by P. Sarcevic and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-30 with Conflict of laws categories.
The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This annual publication provides analysis and information on private international law developments world-wide. The editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, the Hague Academy, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT). The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments
Monographic Series
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Author : Library of Congress
language : en
Publisher:
Release Date :
Monographic Series written by Library of Congress and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Monographic series categories.
The National Courts Mandate In The European Constitution
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Author : Monica Claes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-03-31
The National Courts Mandate In The European Constitution written by Monica Claes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-31 with Law categories.
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.
The Autonomy Of Community Law
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Author : R. Barents
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
The Autonomy Of Community Law written by R. Barents and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.
"This book is the English version of my 'De communautaire rechtsorde' ... which was published by Kluwer, Deventer (the Netherlands) in 2000 ... Where necessary I have updated the text by taking account of developments until the beginning of 2003."--Foreword.
The Treaty On European Union Teu
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Author : Hermann-Josef Blanke
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-26
The Treaty On European Union Teu written by Hermann-Josef Blanke and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Law categories.
The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
Case Law Of The European Court Of Human Rights 1960 1987
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Author : Vincent Berger
language : en
Publisher:
Release Date : 1989
Case Law Of The European Court Of Human Rights 1960 1987 written by Vincent Berger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Political Science categories.
Each decision of the Court up to the end of 1987. He also
The Burden Of Proof In Comparative And International Human Rights Law
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Author : Juliane Kokott
language : en
Publisher: BRILL
Release Date : 2023-12-28
The Burden Of Proof In Comparative And International Human Rights Law written by Juliane Kokott and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.
This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.
