State Liability In Ec And Eea Law
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State Liability In Ec And Eea Law
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Author : Magnús Ingi Erlingsson
language : da
Publisher:
Release Date : 1997
State Liability In Ec And Eea Law written by Magnús Ingi Erlingsson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with categories.
Ec And Eea Law
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Author : M. Elvira Méndez-Pinedo
language : en
Publisher: Europa Law Publishing
Release Date : 2009
Ec And Eea Law written by M. Elvira Méndez-Pinedo and has been published by Europa Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The effectiveness of European Community (EC) law and the way it is enforced in order to assure the judicial protection of individuals penetrating into the national legal orders is probably the most distinguishing feature of this unique legal order, in contrast with classic international law. By now, this principle and doctrine created by the European Court of Justice has become part of the European legal order with general acceptance in all EU countries. By contrast, the effectiveness of European Economic Area (EEA) law, and the way this other even more sui generis legal system provides comparable rights for European Free Trade Association (EFTA)-EEA citizens, is a silent revolution brought by the EFTA Court that has not been properly researched and exposed in the field of European law. This book summarizes and explains the basic principles governing the relationship between EEA law and the national legal systems, while searching for similarities and differences with EC law. The research questions explored in this collection include: How does EEA law achieve supremacy over national laws? Does EEA law have direct applicability? Can we speak, under some circumstances, of a sort of direct effect of EEA law? Can EEA law be defined as having "quasi" primacy and "quasi" direct effect? What about the indirect effect of EEA law (duty of consistent interpretation)? Last but not least, does the doctrine of State liability for breaches of EC law apply to EEA law? If so, what are the differences between the two legal orders? These questions are explored from a European perspective in order to help understand the effectiveness of European law, the special relationship between the Community/EEA legal orders with the national legal systems when the enforcement of European rights, and that the judicial protection of individuals are at stake.
State Liability For Breaches Of European Law
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Author : Bert Van Roosebeke
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-11-10
State Liability For Breaches Of European Law written by Bert Van Roosebeke 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 2007-11-10 with Law categories.
Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.
The Right To Damages In European Law
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Author : Andrea Biondi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
The Right To Damages In European Law written by Andrea Biondi 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 2009-01-01 with Law categories.
This is the first book to present an in-depth discussion of the right of individuals to receive damages in European law. Analyzing relevant ECJ cases, the authors detail the substantive and procedural criteria that need to be satisfied in order for an individual to succeed in a claim for damages against Community institutions under Article 288 EC or against a defaulting Member State under the court-created Francovich principle.
The Eea And The Efta Court
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Author : EFTA Court
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-27
The Eea And The Efta Court written by EFTA Court and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-27 with Law categories.
The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.
The Fundamental Principles Of Eea Law
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Author : Carl Baudenbacher
language : en
Publisher: Springer
Release Date : 2017-10-24
The Fundamental Principles Of Eea Law written by Carl Baudenbacher and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-24 with Law categories.
This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.
State Liability In Eu And International Law
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Author : Agne Vaitkeviciute
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2013
State Liability In Eu And International Law written by Agne Vaitkeviciute and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This research comprises of two parts. The first part analyses the most important issues of the principle of Member State's liability in damages for the breach of European Union law: legal basis of the principle, requirements for liability and, lastly, recent developments in the case law of the Court of Justice of the European Union. The principle of Member State's liability in damages and the requirements of liability are being further developed by the Court in its modern jurisprudence. These cases show that the requirements of liability were clarified and the scope of application of the principle of Member State's liability broadened. The author also examines that the state liability is being recognised both in EU and international law. State responsibility in international law can be understood in a broad sense and a narrow sense. It is emphasized that in a broad sense, state responsibility in international law comprises three institutes: firstly, state responsibility for internationally wrongful acts; secondly, state responsibility for the damage caused by lawful acts.
The Case Of State Liability
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Author : Michael Haba
language : en
Publisher: Springer Gabler
Release Date : 2014-12-02
The Case Of State Liability written by Michael Haba and has been published by Springer Gabler this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-02 with Law categories.
In light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle’s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Köbler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established.
European Product Liability
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Author : Piotr Machnikowski
language : en
Publisher:
Release Date : 2016
European Product Liability written by Piotr Machnikowski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with EU-ret categories.
Thirty years after the entry into force of the Directive on liability for defective products (Council Directive 85/374/EEC), and in the light of the threat to user safety posed by consumer goods that make use of new technologies, it is essential to assess and determine whether the Directive remains an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users. This book is the result of an extensive international research project funded by the Polish National Science Centre. Individual country reports analyze the implementation of the Directive in the domestic law of several EU and EEA Member States (namely Austria, Czech Republic, Denmark, England, France, Germany, Italy, Netherlands, Norway, Poland, Spain, and Switzerland) and the relationship of the implemented rules with the already existing rules of tort law. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries (Canada, Israel, South Africa and the USA), this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development. This, as well as an economic analysis of product liability, makes the book valuable for academics, practitioners, policy makers, and all those interested in the subject. (Series: Principles of European Tort Law) Subject: Tort Law, Private Law]
The Authority Of European Law
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Author : Elvira Mendez-Pinedo
language : is
Publisher:
Release Date : 2013
The Authority Of European Law written by Elvira Mendez-Pinedo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.