The Relationship Between European Community Law And National Law
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The Relationship Between European Community Law And National Law
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Author : Andrew Oppenheimer
language : en
Publisher: Cambridge University Press
Release Date : 1994-10-27
The Relationship Between European Community Law And National Law written by Andrew Oppenheimer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-10-27 with Law categories.
This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.
The Relationship Between European Community Law And National Law
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Author : Andrew Oppenheimer
language : en
Publisher:
Release Date : 1994
The Relationship Between European Community Law And National Law written by Andrew Oppenheimer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
International Law As Law Of The European Union
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Author : Enzo Cannizzaro
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-10-28
International Law As Law Of The European Union written by Enzo Cannizzaro and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-28 with Political Science categories.
Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate. International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.
International Law Aspects Of The European Union
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Author : Martti Koskenniemi
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1998
International Law Aspects Of The European Union written by Martti Koskenniemi and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The debate about the relationship between international and community law usually centres on the question of which of these two 'belongs' to the other, and how 'special' community legal order is in relation to international law. In this volume, a distinguished group of Finnish and British academics and practitioners break new ground by, instead of becoming mired in these questions, clearly examining the international law aspects of the activities of the Community and the Union. In doing so, they have elucidated points of connection and possible points of conflict. The result is a thought-provoking collection of essays which examines community law through the conceptual grid of international law, and thus enriches our understanding of the workings of both.
Towards A European Public Law
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Author : Bernard Stirn
language : en
Publisher: Oxford University Press
Release Date : 2017
Towards A European Public Law written by Bernard Stirn 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 2017 with Law categories.
A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.
Relationship Between The European Court Of Justice Ecj And The National Constitutional Courts Of The Member States With Respect To Control Of Legislative Competences Of The European Union
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Author : Jean Knödel
language : en
Publisher: GRIN Verlag
Release Date : 2009-05-29
Relationship Between The European Court Of Justice Ecj And The National Constitutional Courts Of The Member States With Respect To Control Of Legislative Competences Of The European Union written by Jean Knödel and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-29 with categories.
Seminar paper from the year 2008 in the subject Politics - International Politics - Topic: European Union, grade: 1,7, University of Hamburg (Master of Arts European Studies), course: Introduction to the System of the EU, language: English, abstract: A clarification of the conditions between the European Court of Justice (ECJ) and the Constitutional Courts of the Member States is of particular importance to ensure the effectiveness of the Community law. The ECJ as the body of jurisdiction has to show due regard for the protection of Community law. Hence it is jointly responsible for the existence of the European Community (EC) as a community based on law as well as for the progress of European integration. In this regard, it is essential if the relation between the ECJ and the national courts is clearly definable or if the latter claim intersecting auditing authorities for its own. As a consequence of an ambiguous allocation of rights and duties, the Community law could be deprived of its effectiveness by conflicting judgments of the national courts, which have been implemented within the Member States. The aim of this paper is to examine the relationship between the ECJ and the National Constitutional Courts with regard to possible cleavages. The question behind the following is, if the national courts can be referred to as the 'underdogs' of the European integration. Therefore, the GFCC is cited as an example.
The Interaction Between Europe S Legal Systems
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Author : Giuseppe Martinico
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
The Interaction Between Europe S Legal Systems written by Giuseppe Martinico 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 2012-01-01 with Law categories.
This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
The Foundations Of European Community Law
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Author : Trevor C. Hartley
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
The Foundations Of European Community Law written by Trevor C. Hartley 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 2007 with Law categories.
Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.
General Principles Of European Community Law
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Author : Ulf Bernitz
language : en
Publisher: Springer
Release Date : 2000-11-08
General Principles Of European Community Law written by Ulf Bernitz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-08 with Law categories.
Future, A.G. Toth
A Guide To European Community Law
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Author : P. S. R. F. Mathijsen
language : en
Publisher: London : Sweet and Maxwell ; New York : M. Bender
Release Date : 1975
A Guide To European Community Law written by P. S. R. F. Mathijsen and has been published by London : Sweet and Maxwell ; New York : M. Bender this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with Constitutional law categories.
Guide to and commentary on legislation relating to the EC - outlines the relationships between community, national level and international law, examines the various treatys establishing the communities, legal aspects (incl. Of the assembly, the council, the commission, the court of justice, and other organs of the communities), and discusses financial aspects.