Community Law In The French Courts
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Author | : Eric E. Bergsten |
Publisher | : Springer Science & Business Media |
Total Pages | : 151 |
Release | : 2013-12-01 |
Genre | : Law |
ISBN | : 9401505039 |
The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.
Author | : Roger Masterman |
Publisher | : Cambridge University Press |
Total Pages | : 653 |
Release | : 2019-10-03 |
Genre | : Law |
ISBN | : 1107167817 |
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Author | : Paul|Burca Craig (Grainne de) |
Publisher | : Oxford University Press |
Total Pages | : 1387 |
Release | : 2024 |
Genre | : |
ISBN | : 0198915500 |
Author | : Mathieu Isenbaert |
Publisher | : IBFD |
Total Pages | : 925 |
Release | : 2010 |
Genre | : Direct taxation |
ISBN | : 9087220677 |
In order to develop a suitable framework for the analysis of the European Court of Justice (ECJ) case law, it is first analysed what significance, if any, the concept of 'sovereignty' has in the contemporary supranational environment of the European Union. All too often, tax scholars equate 'sovereignty' with the concepts of 'competence' or 'jurisdiction'. It will be established in this thesis that a much more specific and higher-level meaning is to be attributed to the 'sovereignty' concept, which goes beyond the strictly legal concepts of 'competence' or 'jurisdiction'. The cornerstone of this thesis, however, is an extensive analysis of the case law of the ECJ in direct tax matters, including a comparison with its non-tax case law. A new kind of methodology is used in discussing the cases: they are categorized according to whether a discrimination - or a restriction - based analysis was applied by the ECJ.
Author | : D.J. Gijlstra |
Publisher | : Springer |
Total Pages | : 321 |
Release | : 2013-11-11 |
Genre | : Law |
ISBN | : 1489960929 |
Author | : nigel Foster |
Publisher | : Oxford University Press |
Total Pages | : 505 |
Release | : 2021 |
Genre | : Law |
ISBN | : 0192897969 |
Nigel Foster provides a concise and clear explanation of EU law, covering both institutional aspects and key substantive areas, offering an accessible entry point to the subject.
Author | : |
Publisher | : Oxford University Press |
Total Pages | : 1345 |
Release | : |
Genre | : |
ISBN | : 0198915543 |
Author | : Nigel G. Foster |
Publisher | : Oxford University Press |
Total Pages | : 231 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198745281 |
This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.
Author | : Paul Craig |
Publisher | : Oxford University Press, USA |
Total Pages | : 1375 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198714920 |
This work provides a clear and insightful analysis of European law accompanied by carefully chosen extracts from a range of materials.
Author | : Henry G. Schermers |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 922 |
Release | : 2001-12-20 |
Genre | : Law |
ISBN | : 9041116311 |
Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully describing the nature of the judicial protection available to individuals, undertakings, and member States. With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a much-needed perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing light on how the rule of law may develop in future. An introductory chapter offers a masterful description of how Treaty provisions, Community acts, international law, and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis and insight into such matters as the following: the crucial role of national courts as guarantors of the rights of individuals in Community law the validity of acts taken by Community institutions and member States, and protection against them the delivery of non-judicial opinion and other tasks of the Court of Justice the composition, function, and rules of procedure of the Court the organisation of the Court of First Instance and the appeal procedure against its decisions. Judicial Protection in the European Union is organised to facilitate its prodigious reference value. All important cases are examined, and abundant footnotes clearly indicate relevant precedents in each case. This is a fundamental source for students of European law, as well as a basic reference for practitioners and a valuable analysis of the strengths and weaknesses of the European system of judicial protection.