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| Author | : Koen Lenaerts |
| Publisher | : |
| Total Pages | : 1051 |
| Release | : 2014-03 |
| Genre | : Law |
| ISBN | : 0198707339 |
This volume provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines their role, competences and the types of actions that may be brought before them.
| Author | : Koen Lenaerts |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2023-08-10 |
| Genre | : Law |
| ISBN | : 9780198833086 |
EU Procedural Law provides a rigorously structured analysis of the system of judicial protection in the European Union and the procedure before the Union Courts (the Court of Justice and the General Court). It examines the various types of proceedings which may be brought before the Union Courts, such as the actions for infringement, annulment, failure to act, and damages, along with special forms of procedure involving, for example, interim relief, appeals, staff cases, and intellectual property rights. It also addresses the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between European Union law and the national procedural and remedial frameworks more generally. Throughout, this book takes account of important jurisprudential and institutional developments, including the restructuring of the EU judicial system and reforms in the procedure of the Union Courts. In its second edition, this thoroughly updated work will continue to be the first port of call for practitioners, civil servants, and academics seeking guidance on the various components of EU procedural law.
| Author | : Koenraad Lenaerts |
| Publisher | : |
| Total Pages | : 1028 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : |
Recoge: 1. The judicial organisation of the European Union - 2. Enforcement of community law - 3. protection against acts of the institutions - 4. Special forms of procedure.
| Author | : Fernando Gascón Inchausti |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2020 |
| Genre | : Civil procedure |
| ISBN | : 9781780688596 |
This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
| Author | : Koenraad Lenaerts |
| Publisher | : |
| Total Pages | : 1004 |
| Release | : 2012 |
| Genre | : Procedure (Law) |
| ISBN | : 9781847037411 |
This work provides a systematic exposition of the ways of enforcing European Law, along with the mechanisms which afford protection against unlawful action on the part of Community Institutions.
| Author | : Diana-Urania Galetta |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 160 |
| Release | : 2010-07-23 |
| Genre | : Law |
| ISBN | : 3642125476 |
Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
| Author | : Paul Craig |
| Publisher | : Oxford University Press |
| Total Pages | : 331 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0198795300 |
This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
| Author | : Anna Nylund |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Civil procedure |
| ISBN | : 9781780683805 |
'This publication is extremely interesting since it shows that the law of the European Union has an impact on national procedural law. Cross-fertilisation is indeed a very important tool.'--Marcel Storme, Honorary Pres. of the International Assoc. of Procedural Law ***This book discusses the impact of EU law on selected national legal systems. The authors analyze how the civil procedure system of their countries has reacted to increasing Europeanisation and the influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure. Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. A comprehensive comparison between the countries represented in the book is made. (Series: Ius Commune Europaeum, Vol. 150) Subject: EU Law, National Law]
| Author | : Diana-Urania Galetta |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2014-10-14 |
| Genre | : Law |
| ISBN | : 9783642448560 |
Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
| Author | : Bart Krans |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2020 |
| Genre | : Civil procedure |
| ISBN | : 9781780689067 |
This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.
