Procedural Autonomy Across Europe
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Procedural Autonomy Across Europe
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Author : Herman Berend Krans
language : en
Publisher:
Release Date : 2020
Procedural Autonomy Across Europe written by Herman Berend Krans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.
This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law. Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies? Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.
Procedural Autonomy Of Eu Member States Paradise Lost
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Author : Diana-Urania Galetta
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-07-23
Procedural Autonomy Of Eu Member States Paradise Lost written by Diana-Urania Galetta 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 2010-07-23 with Law categories.
Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
Procedural Autonomy Across Europe
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Author : Bart Krans
language : en
Publisher:
Release Date : 2020
Procedural Autonomy Across Europe written by Bart Krans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Civil procedure categories.
This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.
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.
National Procedural Autonomy Revisited
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Author : Franziska Grashof
language : en
Publisher:
Release Date : 2016
National Procedural Autonomy Revisited written by Franziska Grashof and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Administrative courts categories.
National Procedural Autonomy Revisited reconsiders one of the leading principles of European administrative law: the principle of national procedural autonomy. The book shows that, due to different national administrative litigation rules, common European rules are enforced in a fragmented manner. This is illustrated with the example of the judicial enforcement of Directive 2011/92/EU on environmental impact assessment for projects in the legal systems of Germany, England, and the Netherlands. Under the same rule of EU law, litigants are treated procedurally unequal. As well, there are different enforcement chances, and judges come to different conclusions, not because of diverging interpretations of the law, but because of different administrative litigation rules. Subsequently, the book discusses whether it is necessary, desirable, and possible to develop common rules of administrative litigation (in environmental matters) in the EU. It is argued that, by means of the instruments which are available in the EU - specifically legislation, jurisprudence, and comparative scholarship - a more precise common standard for administrative litigation (in environmental matters) should be created, so that the principle is: ubi ius europaeum, ibi remedium europaeum. *** Librarians: ebook available (Series: European Administrative Law - Vol. 10) [Subject: EU Law, Environmental Law]
Procedural Autonomy Of Eu Member States Paradise Lost
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Author : Diana-Urania Galetta
language : en
Publisher: Springer
Release Date : 2014-10-14
Procedural Autonomy Of Eu Member States Paradise Lost written by Diana-Urania Galetta and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-14 with Law categories.
Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
Article 47 Of The Eu Charter And Effective Judicial Protection Volume 1
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Author : Matteo Bonelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-12-15
Article 47 Of The Eu Charter And Effective Judicial Protection Volume 1 written by Matteo Bonelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-15 with Law categories.
The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.
Eu Procedural Law
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Author : Koen Lenaerts
language : en
Publisher: Oxford University Press
Release Date : 2014-03
Eu Procedural Law written by Koen Lenaerts 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 2014-03 with Law categories.
This volume provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines their role, competences and the types of actions that may be brought before them.
Between Autonomy And Dependence
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Author : Ramses A. Wessel
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-14
Between Autonomy And Dependence written by Ramses A. Wessel 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 2012-12-14 with Law categories.
The European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.
Article 47 Of The Eu Charter And Effective Judicial Protection Volume 1
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Author : Matteo Bonelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-12-15
Article 47 Of The Eu Charter And Effective Judicial Protection Volume 1 written by Matteo Bonelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-15 with Political Science categories.
This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In this first volume, an expert team explores how the Court of Justice has interpreted the principle, as expressed in particular by Article 47 of the Charter, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Addressing key questions such as legal certainty, judicial independence and procedural autonomy, this volume significantly adds to our understanding of judicial protection within the multi-level EU judicial architecture.