Standing To Enforce European Union Law Before National Courts
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| Author | : Hilde K Ellingsen |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 336 |
| Release | : 2021-03-25 |
| Genre | : Law |
| ISBN | : 1509937153 |
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.
| Author | : Emmanuel Ugirashebuja |
| Publisher | : BRILL |
| Total Pages | : 553 |
| Release | : 2017-03-06 |
| Genre | : Law |
| ISBN | : 9004322078 |
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
| Author | : William Laurence Craig |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9780379213928 |
International Chamber of Commerce Arbitration is a hands-on guide providing a critical evaluation of the advantages and disadvantages at every step in the arbitral process including practical facts, figures, pragmatic suggestions and warnings.The book is essential to anyone who is involved in ICC arbitration, or who may have to consider the use of an ICC arbitration clause. Published in cooperation with the International Chamber of Commerce, this text covers every aspect of ICC arbitration. The authors, seasoned experts, provide adetailed description of the arbitral process from the formation of the agreement to arbitrate to the appeal of the enforcement, covering in detail the important rulings of the ICC and their potential impact on future awards. Appendices include a table of cases, table of arbitral awards, table ofauthorities, table of articles on the 1998 ICC Arbitration Rules, and a comprehensive index.
| Author | : Klaus-Dieter Borchardt |
| Publisher | : Office for Official Publications of the European Communities |
| Total Pages | : 140 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : |
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
| 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.
| Author | : William Phelan |
| Publisher | : Cambridge University Press |
| Total Pages | : 279 |
| Release | : 2019-06-13 |
| Genre | : Law |
| ISBN | : 1108499082 |
Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
| Author | : Andrzej Jakubowski |
| Publisher | : BRILL |
| Total Pages | : 528 |
| Release | : 2019-05-15 |
| Genre | : Law |
| ISBN | : 9004365346 |
Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
| Author | : Hilde K Ellingsen |
| Publisher | : Hart Publishing |
| Total Pages | : 0 |
| Release | : 2022-10-06 |
| Genre | : Law |
| ISBN | : 1509947450 |
"The right to access to court is long recognised as an essential element of a Union based on the rule of law. This book asks how can member states insure that their individual rules on standing guarantee that right? The book answers the question by analysing EU law's requirements from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With inductive case law examination, it formulates an autonomous Union law doctrine of standing. The book then goes further, setting out an effectiveness test of member states' enforcement mechanism, preventing practical impediments to the right to access to court. This is a rigorous study on a question of immense importance"--
| Author | : Julie Dickson |
| Publisher | : OUP Oxford |
| Total Pages | : 668 |
| Release | : 2012-10-11 |
| Genre | : Law |
| ISBN | : 0191652164 |
The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
| Author | : Carlos Closa |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2016-10-13 |
| Genre | : Law |
| ISBN | : 1107108888 |
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
