L Autorit De La Chose Jug E En Droit De L Union Europ Enne
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L Autorit De La Chose Jug E En Droit De L Union Europ Enne
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Author : Araceli Turmo
language : fr
Publisher: Emile Bruylant
Release Date : 2017-10-11
L Autorit De La Chose Jug E En Droit De L Union Europ Enne written by Araceli Turmo and has been published by Emile Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-11 with Authority categories.
L'autorité de la chose jugée est un principe fondamental dans tout droit processuel. Il n'apparaît pourtant nulle part dans les traités constitutifs de l'Union européenne. Rapidement confrontée à la nécessité de garantir l'autorité de ses propres arrêts, la Cour de justice a ainsi dû reconnaître l'existence de ce principe et élaborer son régime par voie exclusivement prétorienne. Elle s'est, pour ce faire, largement inspirée de traditions juridiques nationales afin d'en dégager des solutions adaptées aux besoins du contentieux de l'Union européenne. Attribut caractéristique de l'acte juridictionnel, l'autorité de la chose jugée bénéficie désormais d'un régime cohérent dans cet ordre juridique. Elle doit notamment être dissociée de la portée normative qui peut être reconnue aux arrêts des juridictions de l'Union dans l'exercice des contrôles de l'égalité ou de validité ou encore dans le processus de création ou de modification de normes de portée générale. Cet ouvrage présente une analyse approfondie de la nature, des fondements et du régime de l'autorité de la chose jugée dans l'ordre juridique de l'Union. Il défend également l'emploi de la notion de précédent, plutôt que celle d'autorité de chose interprétée, pour analyser le pouvoir normatif des juridictions de l'Union européenne. Il se destine à un public universitaire spécialisé en droit européen mais également aux juristes (magistrats, avocats...) spécialisés en la matière.
European Prison Rules
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Author : Council of Europe. Committee of Ministers
language : en
Publisher: Council of Europe
Release Date : 2006-01-01
European Prison Rules written by Council of Europe. Committee of Ministers 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 2006-01-01 with Law categories.
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
International Law Aspects Of The European Union
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Author : Martti Koskenniemi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998
International Law Aspects Of The European Union written by Martti Koskenniemi and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The debate about the relationship between international and community law usually centres on the question of which of these two 'belongs' to the other, and how 'special' community legal order is in relation to international law. In this volume, a distinguished group of Finnish and British academics and practitioners break new ground by, instead of becoming mired in these questions, clearly examining the international law aspects of the activities of the Community and the Union. In doing so, they have elucidated points of connection and possible points of conflict. The result is a thought-provoking collection of essays which examines community law through the conceptual grid of international law, and thus enriches our understanding of the workings of both.
Final Causes
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Author : Paul Janet
language : en
Publisher:
Release Date : 1878
Final Causes written by Paul Janet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1878 with Teleology categories.
Terrorism And The Media
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Author : Marthoz, Jean Paul
language : en
Publisher: UNESCO Publishing
Release Date : 2017-03-20
Terrorism And The Media written by Marthoz, Jean Paul and has been published by UNESCO Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-20 with Journalism categories.
Science And Empires
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Author : P. Petitjean
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Science And Empires written by P. Petitjean 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 2012-12-06 with Science categories.
SCIENCE AND EMPIRES: FROM THE INTERNATIONAL COLLOQUIUM TO THE BOOK Patrick PETITJEAN, Catherine JAMI and Anne Marie MOULIN The International Colloquium "Science and Empires - Historical Studies about Scientific De velopment and European Expansion" is the product of an International Colloquium, "Sciences and Empires - A Comparative History of Scien tific Exchanges: European Expansion and Scientific Development in Asian, African, American and Oceanian Countries". Organized by the REHSEIS group (Research on Epistemology and History of Exact Sciences and Scientific Institutions) of CNRS (National Center for Scientific Research), the colloquium was held from 3 to 6 April 1990 in the UNESCO building in Paris. This colloquium was an idea of Professor Roshdi Rashed who initiated this field of studies in France some years ago, and proposed "Sciences and Empires" as one of the main research programmes for the The project to organize such a colloquium was a bit REHSEIS group. of a gamble. Its subject, reflected in the title "Sciences and Empires", is not a currently-accepted sub-discipline of the history of science; rather, it refers to a set of questions which found autonomy only recently. The terminology was strongly debated by the participants and, as is frequently suggested in this book, awaits fuller clarification.
Weak Courts Strong Rights
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-07-20
Weak Courts Strong Rights written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-20 with Political Science categories.
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Entick V Carrington
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Author : Adam Tomkins
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-09-24
Entick V Carrington written by Adam Tomkins and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.
Entick v Carrington is one of the canons of English public law and in 2015 it is 250 years old. In 1762 the Earl of Halifax, one of His Majesty's Principal Secretaries of State, despatched Nathan Carrington and three other of the King's messengers to John Entick's house in Stepney. They broke into his house, seizing his papers and causing significant damage. Why? Because he was said to have written seditious papers published in the Monitor. Entick sued Carrington and the other messengers for trespass. The defendants argued that the Earl of Halifax had given them legal authority to act as they had. Lord Camden ruled firmly in Entick's favour, holding that the warrant of a Secretary of State could not render lawful actions such as these which were otherwise unlawful. The case is a canonical statement of the common law's commitment to the constitutional principle of the rule of law. In this collection, leading public lawyers reflect on the history of the case, the enduring importance of the legal principles for which it stands, and the broader implications of Entick v Carrington 250 years on. Winner of the American Society for Legal History Sutherland Prize 2016.
Conflict In Northwest Africa
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Author : John James Damis
language : en
Publisher: Stanford, Calif. : Hoover Institution Press
Release Date : 1983
Conflict In Northwest Africa written by John James Damis and has been published by Stanford, Calif. : Hoover Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Political Science categories.
Governing Europe Under A Constitution
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Author : Herm.-Josef Blanke
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-02-28
Governing Europe Under A Constitution written by Herm.-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 2006-02-28 with Law categories.
The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum".