La Contribuci N De La Jurisprudencia De La Gran Sala Del Tribunal De Justicia De La Uni N Europea A La Integraci N Europea
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Remedies And Procedures Before The Eu Courts
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Author : René Barents
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-01-09
Remedies And Procedures Before The Eu Courts written by René 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 2020-01-09 with Law categories.
The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation likely to arise. From foundations and principles to specific issues regarding the assignment of cases, preliminary rulings, rules on evidence, annulment, illegality, failure to act, pleas, judgments and orders, appeal and much more, the book covers all essential elements of Court of Justice of the European Union procedure, including the following: division of competences between the Union courts; admissibility; rules regarding anonymity; service of documents; setting and extension of time limits, hearings, witnesses and experts; deposit and recovery of sums; application of competition rules, rules on state aid and rules on trade protection; rules in cases concerning intellectual property rights; rules in actions brought on the basis of an arbitration agreement; rules governing access to documents; languages; legal aid; interim measures; damages; expedited procedures; and scope of the rules on costs. Any lawyer seeking appropriate remedies in any case before the European Union courts will benefit enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.
The Value Of Jurisprudence As A Creative Source Of Law
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Author : Natalia Bernal Cano
language : en
Publisher:
Release Date : 2015
The Value Of Jurisprudence As A Creative Source Of Law written by Natalia Bernal Cano and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The Legal Reasoning Of The Court Of Justice Of The Eu
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Author : Gunnar Beck
language : en
Publisher: Hart Publishing
Release Date : 2013-01-21
The Legal Reasoning Of The Court Of Justice Of The Eu written by Gunnar Beck and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-21 with Law categories.
The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.
Law And Practice Of The United Nations
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Author : Simon Chesterman
language : en
Publisher: Oxford University Press
Release Date : 2016-03-01
Law And Practice Of The United Nations written by Simon Chesterman 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 2016-03-01 with Law categories.
Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations. This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.
The Movement Of The Landless Mst And The Juridical Field In Brazil
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Author : Peter P. Houtzager
language : en
Publisher:
Release Date : 2005
The Movement Of The Landless Mst And The Juridical Field In Brazil written by Peter P. Houtzager and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Actions and defenses categories.
References p. 21-22.
The Right To Privacy
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Author : Louis Dembitz Brandeis
language : en
Publisher: Good Press
Release Date : 2023-09-17
The Right To Privacy written by Louis Dembitz Brandeis and has been published by Good Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-17 with Fiction categories.
"The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
From Dual To Cooperative Federalism
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Author : Robert Schütze
language : en
Publisher: Oxford University Press
Release Date : 2009-10-15
From Dual To Cooperative Federalism written by Robert Schütze 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 2009-10-15 with Law categories.
What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.
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.
The European Court Of Human Rights
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Author : Angelika Nussberger
language : en
Publisher: Elements of International Law
Release Date : 2020
The European Court Of Human Rights written by Angelika Nussberger and has been published by Elements of International Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Fundamental Rights Challenges
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Author : Cristina Izquierdo-Sans
language : en
Publisher: Springer Nature
Release Date : 2021-06-17
Fundamental Rights Challenges written by Cristina Izquierdo-Sans and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-17 with Law categories.
This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.