Preliminary References to the European Court of Justice

Preliminary References to the European Court of Justice
Author: Morten Broberg
Publisher: Oxford University Press, USA
Total Pages: 578
Release: 2014-03
Genre: Law
ISBN: 019870402X

This book provides a detailed examination of the law and practice of the preliminary reference procedure in EU law. It is designed to be of practical use in litigation and case preparation.

A Companion to European Union Law and International Law

A Companion to European Union Law and International Law
Author: Dennis Patterson
Publisher: John Wiley & Sons
Total Pages: 630
Release: 2016-05-02
Genre: Philosophy
ISBN: 0470674393

Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others

Broberg and Fenger on Preliminary References to the European Court of Justice

Broberg and Fenger on Preliminary References to the European Court of Justice
Author: Morten Broberg
Publisher: Oxford University Press
Total Pages: 544
Release: 2021-03-25
Genre: Law
ISBN: 0192581708

This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.

Broberg and Fenger on Preliminary References to the European Court of Justice

Broberg and Fenger on Preliminary References to the European Court of Justice
Author: MORTEN. FENGER BROBERG (NIELS.)
Publisher:
Total Pages:
Release: 2021
Genre: Procedure (Law)
ISBN: 9780191925986

This fully updated and revised 3rd edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. A reference for a preliminary ruling is a request from a national court of an EU Member State to the European Court of Justice to give an authoritative interpretation on an EU act or a decision on the validity of such an act. Preliminary rulings have played a pivotal role in the development of the European Union. The European Union's preliminary reference procedure has been copied by several other international organisations - including not least the European Economic Area (EEA) and the EFTA Court. Since the second edition, the European Court of Justice has rendered a considerable number of rulings which have led to important changes to the book. This is particularly reflected in the treatment of the Court's acte clair doctrine, of preliminary references from administrative appeal boards and arbitration tribunals and of preliminary references regarding international agreements. And it is reflected in the interaction between the preliminary reference procedure and the European Convention on Human Rights as well as in a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.

Defending Checks and Balances in EU Member States

Defending Checks and Balances in EU Member States
Author: Armin von Bogdandy
Publisher: Springer Nature
Total Pages: 478
Release: 2021-01-05
Genre: Law
ISBN: 366262317X

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

National Courts and Preliminary References to the Court of Justice

National Courts and Preliminary References to the Court of Justice
Author: Krommendijk, Jasper
Publisher: Edward Elgar Publishing
Total Pages: 224
Release: 2021-10-26
Genre: Law
ISBN: 1800374178

This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.

Oxford Principles of European Union Law

Oxford Principles of European Union Law
Author: Robert Schütze
Publisher: Oxford University Press
Total Pages: 1441
Release: 2018
Genre: Law
ISBN: 0199533776

"Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website

Civil Justice in Renaissance Scotland

Civil Justice in Renaissance Scotland
Author: Andrew Mark Godfrey
Publisher: BRILL
Total Pages: 505
Release: 2009
Genre: History
ISBN: 9004174664

This book offers a fundamental reassessment of the origins of a central court in Scotland. It examines the early judicial role of Parliament, the development of the Session in the fifteenth century as a judicial sitting of the King s Council, and its reconstitution as the College of Justice in 1532. Drawing on new archival research into jurisdictional change, litigation and dispute settlement, the book breaks with established interpretations and argues for the overriding significance of the foundation of the College of Justice as a supreme central court administering civil justice. This signalled a fundamental transformation in the medieval legal order of Scotland, reflecting a European pattern in which new courts of justice developed out of the jurisdiction of royal councils.