References To The European Court
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Preliminary References To The European Court Of Justice
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Author : Morten P. Broberg
language : en
Publisher: Oxford University Press, USA
Release Date : 2010
Preliminary References To The European Court Of Justice written by Morten P. Broberg 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 2010 with Law categories.
Analysis of the Court of Justice's practice, and the book is extensively referenced throughout with all the most relevant sources reproduced in the annexes. Readership: Advocates, Judges, and legal academics with an interest in EU law.
Preliminary References To The European Court Of Justice
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Author : Morten Broberg
language : en
Publisher: OUP Oxford
Release Date : 2014-03-06
Preliminary References To The European Court Of Justice written by Morten Broberg and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-06 with Law categories.
This fully updated and revised second edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. Since the first edition there have been significant changes to the European Union's legal foundations. First and foremost of those being the signing of the Lisbon Treaty, which has had both direct and indirect consequences for the preliminary reference procedure. In addition, the authors have taken into account amendments to the Rules of Procedure of the Court of Justice and the Court's amended Statute, they have added expanded treatment of the acte clair doctrine and the Court's Cartesio ruling and a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. In addition to these important updates, the authors have also revised the structure of the book. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
References To The European Court
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Author : David W. K. Anderson
language : en
Publisher:
Release Date : 2002
References To The European Court written by David W. K. Anderson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Court rules categories.
Updated to include new case law, the second edition of this definitive text provides a detailed narrative account of the procedure for referring preliminary references to the European Court for preliminary rulings, under Article 234 of the European Community Treaty and other treaties.
Broberg And Fenger On Preliminary References To The European Court Of Justice
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Author : Morten Broberg
language : en
Publisher: Oxford University Press
Release Date : 2021-03-25
Broberg And Fenger On Preliminary References To The European Court Of Justice written by Morten Broberg 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 2021-03-25 with Law categories.
This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.
Preliminary References To The Court Of Justice Of The European Union And Effective Judicial Protection
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Author : Clelia Lacchi
language : en
Publisher: Éditions Larcier
Release Date : 2020-09-09
Preliminary References To The Court Of Justice Of The European Union And Effective Judicial Protection written by Clelia Lacchi and has been published by Éditions Larcier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-09 with Law categories.
The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.
National Courts And Preliminary References To The Court Of Justice
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Author : Krommendijk, Jasper
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-26
National Courts And Preliminary References To The Court Of Justice written by Krommendijk, Jasper 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 2021-10-26 with Law categories.
This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.
Article 177 References To The European Court
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Author : Mads Andenas
language : en
Publisher: MICHIE
Release Date : 1994
Article 177 References To The European Court written by Mads Andenas and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Courts categories.
Broberg And Fenger On Preliminary References To The European Court Of Justice
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Author : MORTEN. FENGER BROBERG (NIELS.)
language : en
Publisher:
Release Date : 2021
Broberg And Fenger On Preliminary References To The European Court Of Justice written by MORTEN. FENGER BROBERG (NIELS.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Procedure (Law) categories.
This fully updated and revised 3rd edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. A reference for a preliminary ruling is a request from a national court of an EU Member State to the European Court of Justice to give an authoritative interpretation on an EU act or a decision on the validity of such an act. Preliminary rulings have played a pivotal role in the development of the European Union. The European Union's preliminary reference procedure has been copied by several other international organisations - including not least the European Economic Area (EEA) and the EFTA Court. Since the second edition, the European Court of Justice has rendered a considerable number of rulings which have led to important changes to the book. This is particularly reflected in the treatment of the Court's acte clair doctrine, of preliminary references from administrative appeal boards and arbitration tribunals and of preliminary references regarding international agreements. And it is reflected in the interaction between the preliminary reference procedure and the European Convention on Human Rights as well as in a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
References To The European Court
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Author : Francis Geoffrey Jacobs
language : en
Publisher:
Release Date : 1975
References To The European Court written by Francis Geoffrey Jacobs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with Court rules categories.
The European Court Of Justice On The European Convention On Human Rights
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Author : Elspeth Guild
language : en
Publisher: BRILL
Release Date : 2024-01-22
The European Court Of Justice On The European Convention On Human Rights written by Elspeth Guild and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-22 with Law categories.
The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost 25 years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law. For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two Courts have been brought together and published by reference to the substantive right under consideration. This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field either of human rights or European Community law, who needs to look at the actual source material on the Court of Justice's handling of its Member States' human rights obligations.