Science Law And The Courts In Europe
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Science Law And The Courts In Europe
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Author : Amedeo Santosuosso
language : en
Publisher: Ibis
Release Date : 2004
Science Law And The Courts In Europe written by Amedeo Santosuosso and has been published by Ibis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Judicial Activism At The European Court Of Justice
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Author : Bruno de Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Judicial Activism At The European Court Of Justice written by Bruno de Witte 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 2013-01-01 with Law categories.
ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
European Community Law In The English Courts
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Author : Mads Tønnesson Andenæs
language : en
Publisher: Oxford University Press
Release Date : 1998
European Community Law In The English Courts written by Mads Tønnesson Andenæs 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 1998 with Law categories.
This book examines from a practical perspective the increasingly significant impact of European Community law on English domestic law and procedure. It examines both the general principles of how EC law is given effect in the English courts, and also the impact that EC law has had on a numberof particular key areas of English law. The highly eminent team of contributors is drawn from members of the judiciary and leading academics and practitioners in the field. The volume will be welcomed by practitioners and scholars alike as an illuminating study of how the domestic legal communityhas responded to the challenges posed by a new legal system which seems fundamentally different in many respects from their own. From the Foreword by Lord Bingham of Cornhill, the Lord Chief Justice 'The book makes plain the pervasive influence of Community Law on broad swathes of our economic and social life. Through the medium of our national courts, Community Law has become a central feature of legal life, and it can no longer be seen (as perhaps it once was) as an arcane study pursued by ahandful of eccentric lawyers with a taste for the occult This is a very interesting book, and a very timely one. The editors are to be congratulated on assembling an outstanding team of judges, practitioners and academics to address these important, topical and challenging issues.'
The European Court Of Human Rights Between Law And Politics
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Author : Jonas Christoffersen
language : en
Publisher: OUP Oxford
Release Date : 2011-06-09
The European Court Of Human Rights Between Law And Politics written by Jonas Christoffersen and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-09 with Law categories.
The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.
The European Court Of Justice And The Policy Process
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Author : Susanne K. Schmidt
language : en
Publisher: Oxford University Press
Release Date : 2018
The European Court Of Justice And The Policy Process written by Susanne K. Schmidt 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 2018 with Law categories.
This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
Researching The European Court Of Justice
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Author : Mikael Rask Madsen
language : en
Publisher:
Release Date : 2022
Researching The European Court Of Justice written by Mikael Rask Madsen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Justice, Administration of categories.
"Mainstream legal scholarship on the European Community (EC) and the European Union (EU) has long been dominated by meta-narratives and grand theories to explain European legal integration as a necessary, if not self-evident, process toward ever greater integration. The directional pull of these functional narratives, whether termed as Europeanization, federalization, or constitutionalization, is one towards an ever-closer Union, thereby replicating the original teleology of the Rome Treaty (1957). Although there are theoretical differences among these explanations, notably between intergovernmental and neo-functionalist narratives, most scholars agree that one particular institutional actor has played an outsized role: the European Court of Justice (ECJ), now the Court of Justice of the EU (CJEU) since the Lisbon Treaty (2009) that includes the Court of Justice, the General Court. For the same reasons, the CJEU has become a coveted object of inquiry for studies of European integration and governance. We have for years learned about its role in constitutionalizing Europe, establishing the supremacy of European law, creating a system of supranational governance, and the new types of litigation and mobilization spurred by the ECJ"--
New Pathways To Civil Justice In Europe
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Author : Xandra Kramer
language : en
Publisher: Springer Nature
Release Date : 2021-09-17
New Pathways To Civil Justice In Europe written by Xandra Kramer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-17 with Law categories.
This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
The Passivity Of Law
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Author : Luigi Corrias
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-04-14
The Passivity Of Law written by Luigi Corrias 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 2011-04-14 with Philosophy categories.
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
Constitutional Courts And European Integration
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Author : European Commission for Democracy through Law
language : en
Publisher: Council of Europe
Release Date : 2005-01-01
Constitutional Courts And European Integration written by European Commission for Democracy through Law 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 2005-01-01 with Law categories.
In a continent where a majority of states are members of the European Union, the supremacy of law can no longer be understood without respect for the supremacy of supranational law. The implementation of this basic principle, deriving from the European Community legal order, from a constitutional point of view poses problems which have not been resolved in a uniform manner. This volume contains seventeen reports which demonstrate how these issues have been dealt with by different legal Systems in Europe.
Judicial Transformations
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Author : Mitchel de S.-O.-l'E. Lasser
language : en
Publisher: Blackstone Press
Release Date : 2009-07-30
Judicial Transformations written by Mitchel de S.-O.-l'E. Lasser and has been published by Blackstone Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-30 with Language Arts & Disciplines categories.
The importance of fundamental rights is exploding across all areas of law in Europe. Grounded in comparative law and political science, this book explores the causes of the rights revolution, and its impact on European judiciaries.
