The Europeanisation Of The Law On Legitimate Expectations
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The Europeanisation Of The Law On Legitimate Expectations
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Author : Esther Drabkin-Reiter
language : en
Publisher:
Release Date : 2016
The Europeanisation Of The Law On Legitimate Expectations written by Esther Drabkin-Reiter 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 law categories.
This thesis considers the Europeanisation of English administrative law, in the specific context of the principle of protection of legitimate expectations. It assesses whether, how and to what extent the way in which the way in which legitimate expectations are protected in EU law has influenced the protection of legitimate expectations in English law. To make this assessment, a thorough analysis is conducted of case law in both jurisdictions. The thesis is structured into five main Chapters. Chapter A provides an introduction and looks at some general issues surrounding the concept of legitimate expectation, including which expectations are protectable and what is meant by legitimacy. Chapter B traces the development of the protection of legitimate expectations in English and EU law, and considers certain particular features in more detail for each jurisdiction, with the aim of establishing some parameters against which more recent case law can be tested and compared. In Chapter C an in-depth analysis of recent case law of the English courts, both falling within and outside the scope of EU law, is undertaken, and comparisons are drawn between these cases and with the traditional position of EU law on the protection of legitimate expectations. Chapter D contains a similar analysis in respect of recent cases of the Court of Justice of the European Union. Finally, Chapter E draws these analyses together and concludes that while there is limited convergence in the way English and EU courts approach the protection of legitimate expectations, both jurisdictions remain wary of external influence.
Europeanisation Of Public Law
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Author : J. H. Jans
language : en
Publisher: ISBS
Release Date : 2007
Europeanisation Of Public Law written by J. H. Jans and has been published by ISBS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
La 4ème de couverture indique : "Europeanisation of Public Law is a study about the relation between European and national public law. Familiar EU doctrines on 'procedural autonomy', 'direct effect', 'consistent interpretation', 'ex officio application of European law' and 'state liability' are used as a starting point for examining the effects of these doctrines in the various Member States. Consideration is also given to important questions concerning the enforcement of European law in the national legal order, the organisation of the judiciary and the influence of European law on fundament principles of (public) law such as legal certainty, non-discrimination and proportionality. The book has in particular been written for advanced bachelors and masters courses on the relation between national and European law. Because of the many examples of national case law, the book should be most welcome to any practitioner dealing with European law in a national context."
The Europeanisation Of Administrative Law
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Author : Karl-Heinz Ladeur
language : en
Publisher: Ashgate Publishing
Release Date : 2002
The Europeanisation Of Administrative Law written by Karl-Heinz Ladeur and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This volume is based on a workshop held at the European University Institute, Florence, November 1999. The papers have since been revised and updated and focus on the growing impact of European law on the core elements of member states' administrative law, and especially on their different conception of procedure. The first article confirms the American experience that autonomy of procedural rationality is not easy to picture, and that implimenting a similar procedure in Europe will face difficulty. The other articles look at the procedures that exist in different member states and how a change in procedure could possibly undermine national law and procedure, without replacing it with anything substantial.
Legitimate Expectations Under Article 1 Of Protocol No 1 To The European Convention On Human Rights
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Author : Maya Sigron
language : en
Publisher:
Release Date : 2014
Legitimate Expectations Under Article 1 Of Protocol No 1 To The European Convention On Human Rights written by Maya Sigron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5) (1952 March 20) categories.
This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights. To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders. The book addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What roles do confidence, detriment, and fair balance play in that context? What purposes do legitimate expectations fulfill in the context of Article 1 of Protocol No. 1? To answer these questions, the book offers an extensive analysis of the European Court of Human Rights' case-law related to legitimate expectations under Article 1 of Protocol No. 1. The book collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights. The conclusion assesses the major results and paves the way for future debate about the doctrine of legitimate expectations under Article 1 of Protocol No. 1.
The Protection Of Legitimate Expectations In European Community Law
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Author : Kristina Moldén
language : en
Publisher: Institute for European Law
Release Date : 1997
The Protection Of Legitimate Expectations In European Community Law written by Kristina Moldén and has been published by Institute for European Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Equity categories.
Legitimate Expectations In The Common Law World
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Author : Matthew Groves
language : en
Publisher:
Release Date : 2017
Legitimate Expectations In The Common Law World written by Matthew Groves and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Common law categories.
The Europeanisation Of Law
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Author : Francis G. Snyder
language : en
Publisher: Hart Publishing
Release Date : 2000-09-25
The Europeanisation Of Law written by Francis G. Snyder and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-25 with Law categories.
Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.
Legitimate Expectations And Proportionality In Administrative Law
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Author : Robert Thomas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-08-18
Legitimate Expectations And Proportionality In Administrative Law written by Robert Thomas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-18 with Law categories.
This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.
The Europeanisation Of English Tort Law
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Author : Paula Giliker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Europeanisation Of English Tort Law written by Paula Giliker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?
Research Handbook On General Principles In Eu Law
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Author : Ziegler, Katja S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-22
Research Handbook On General Principles In Eu Law written by Ziegler, Katja S. 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 2022-04-22 with Political Science categories.
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.