The Effectiveness And Application Of Eu And Eea Law In National Courts
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The Effectiveness And Application Of Eu And Eea Law In National Courts
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Author : Christian N. K. Franklin
language : en
Publisher:
Release Date : 2018
The Effectiveness And Application Of Eu And Eea Law In National Courts written by Christian N. K. Franklin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Antologier categories.
This book compares and explains how the key European Union and European Economic Area legal principles of consistent interpretation are applied and developed by national courts in 12 different European Union and European Free Trade Association Member States.
Eu And Eea Law Litigation Before National Courts
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Author : Zsófia Varga
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-03-07
Eu And Eea Law Litigation Before National Courts written by Zsófia Varga and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-07 with Law categories.
This book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts. It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings. The book is divided into six chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law principles, the topics are presented based on thorough analysis of the judgments rendered by those courts. The book's unique practical focus makes a great addition to the library of any national lawyer and EU law expert.
National Courts And Eu Law
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Author : Bruno de Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
National Courts And Eu Law 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 2016-06-24 with Law categories.
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
National Courts And The Application Of Eu Law
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Author : Monika Domańska
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-01
National Courts And The Application Of Eu Law written by Monika Domańska and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Law categories.
This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.
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.
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.
Standing To Enforce European Union Law Before National Courts
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Author : Hilde K Ellingsen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-03-25
Standing To Enforce European Union Law Before National Courts written by Hilde K Ellingsen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-25 with Law categories.
Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.
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.
Eu Law And Integration
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Author : José Luís Da Cruz Vilaça
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-09-04
Eu Law And Integration written by José Luís Da Cruz Vilaça and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-04 with Law categories.
This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.
The Evolution Of Eu Law
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Author : Paul Craig
language : en
Publisher: OUP Oxford
Release Date : 2011-02-17
The Evolution Of Eu Law written by Paul Craig and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-17 with Law categories.
The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.