Ec And Eea Law

Author : M. Elvira Méndez-Pinedo
Publisher : Europa Law Publishing
Page : 364 pages
File Size : 43,7 Mb
Release : 2009
Category : Law
ISBN : 908952066X

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EC and EEA Law by M. Elvira Méndez-Pinedo Pdf

The effectiveness of European Community (EC) law and the way it is enforced in order to assure the judicial protection of individuals penetrating into the national legal orders is probably the most distinguishing feature of this unique legal order, in contrast with classic international law. By now, this principle and doctrine created by the European Court of Justice has become part of the European legal order with general acceptance in all EU countries. By contrast, the effectiveness of European Economic Area (EEA) law, and the way this other even more sui generis legal system provides comparable rights for European Free Trade Association (EFTA)-EEA citizens, is a silent revolution brought by the EFTA Court that has not been properly researched and exposed in the field of European law. This book summarizes and explains the basic principles governing the relationship between EEA law and the national legal systems, while searching for similarities and differences with EC law. The research questions explored in this collection include: How does EEA law achieve supremacy over national laws? Does EEA law have direct applicability? Can we speak, under some circumstances, of a sort of direct effect of EEA law? Can EEA law be defined as having "quasi" primacy and "quasi" direct effect? What about the indirect effect of EEA law (duty of consistent interpretation)? Last but not least, does the doctrine of State liability for breaches of EC law apply to EEA law? If so, what are the differences between the two legal orders? These questions are explored from a European perspective in order to help understand the effectiveness of European law, the special relationship between the Community/EEA legal orders with the national legal systems when the enforcement of European rights, and that the judicial protection of individuals are at stake.

Author : Carl Baudenbacher
Publisher : Springer
Page : 251 pages
File Size : 41,5 Mb
Release : 2017-10-24
Category : Law
ISBN : 9783319451893

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The Fundamental Principles of EEA Law by Carl Baudenbacher Pdf

This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.

Author : Evans
Publisher : Springer
Page : 344 pages
File Size : 47,5 Mb
Release : 1994-06-22
Category : Law
ISBN : UOM:39015032142849

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Law of the European Community Including the Eea Agreement by Evans Pdf

This book on EC law sketches the basic cultures and contents of EC law, its institutional and economic aspects and the role it plays in the EC harmonization process. Besides the EC Treaty and the EEA Agreement, judgments of the European Court of Justice, legislative enactments of the EC Council of Ministers, administrative decisions of the European Commission and official publications of national and Community institutions form the principal sources of Evans' work. In Part One of the book, Law of the Institutions, the composition, organization and function of the major EC political and juridical institutions are described. Part Two entitled Law of the Common Market covers the EC regulations and laws pertaining to trade, banking, services and taxation, among others. Part Three, Law of Harmonization and External Relations goes into different harmonization mechanisms and foreign relations. Besides a very workable overview of EC law consisting of these three parts the book includes an index, bibliography and a list of abbreviations containing relevant English, French, German and Swedish terms and institutions.

Author : Christian N. K. Franklin
Publisher : Unknown
Page : 531 pages
File Size : 51,6 Mb
Release : 2018
Category : Law
ISBN : 1780688024

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The Effectiveness and Application of EU and EEA Law in National Courts by Christian N. K. Franklin Pdf

In the current decentralised system of European Union (EU) and European Economic Area (EEA) law enforcement, national courts play a crucial role in securing the effectiveness and application of the law. A great deal of legal research has been expounded on how the Court of Justice of the European Union (CJEU) and the European Free Trade Association Court (EFTA Court) have established and developed the key mechanism for doing so - namely the principle of consistent interpretation. Yet the principle’s scope and limits can only be fully understood if one looks to the final outcome of cases at national level, and how national courts charged with the duty of applying the principle actually do so when faced with such issues in practice. Adopting an ambitious and consistent approach, contributors from 12 European states therefore examine the reception of the principle through national case-law, focusing on three issues: reception and understanding of the concept, its criteria for application, and its limitations. The individual contributions are further synthesised and compared in an overarching comparative chapter that identifies considerable tension between the goals of uniform and homogenous application of the principles, and a plurality of different approaches at national level. The findings further touch on a broader range of issues, providing the reader with insights into the cooperative dialogue between European and national courts more generally. The Effectiveness and Application of EU and EEA Law in National Courts will be of interest to academics, students, EU/EEA/EFTA and national institutional actors, judges, practitioners, and anyone interested in gaining unique insights into the workings of EU and EEA law and culture in practice. Christian N.K. Franklin (ed.) is Professor of Law at the University of Bergen, specialising in EU and EEA law. He is Joint Manager of the Bergen Law Faculty’s Research Group for Competition and Market Law and an Associate of the Bergen Centre for Competition Law and Economics (BECCLE).

Author : Sven Norberg
Publisher : Unknown
Page : 904 pages
File Size : 53,9 Mb
Release : 1993
Category : Agreement on the European Economic Area (EEA)
ISBN : STANFORD:36105060544603

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EEA Law by Sven Norberg Pdf

Author : EFTA Court
Publisher : Bloomsbury Publishing
Page : 788 pages
File Size : 51,7 Mb
Release : 2014-11-27
Category : Law
ISBN : 9781782255253

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The EEA and the EFTA Court by EFTA Court Pdf

The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.

Author : Carl Baudenbacher
Publisher : Springer
Page : 859 pages
File Size : 54,5 Mb
Release : 2015-12-11
Category : Law
ISBN : 9783319243436

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The Handbook of EEA Law by Carl Baudenbacher Pdf

This Handbook comprehensively addresses the breadth of law encompassed by the EEA Agreement, which extends the European Union’s Single Market to three EFTA countries: Iceland, Liechtenstein and Norway. The Handbook is first and foremost intended for practitioners and legal scholars, but its approachable style makes it readily accessible for students. The Handbook provides the reader with a thorough grounding in the EEA Agreement, detailing how secondary EU law becomes applicable in the EFTA pillar, and the roles played by the EFTA Surveillance Authority and the EFTA Court. It considers the EEA Agreement from the respective perspectives of the national authorities, courts, and the legal professions of Iceland, Liechtenstein and Norway. The book meticulously examines substantive EEA law, beginning with the general principles and the four freedoms, through competition law and State aid to such aspects as the precautionary principle, tax law and mutual administrative and legal assistance. Emphasis is placed on jurisprudence and especially that of the EFTA Court. Each chapter has been written by a judge, noted practitioner or eminent academic in their respective fields and the book is divided into twelve parts: Part I History and main features of the EEA Agreement Part II Genesis of EEA Law Part III Institutions and Procedure Part IV National Authorities in the EFTA Pillar Part V National Courts in the EFTA Pillar Part VI The Practicing Bar in the EFTA Pillar Part VII General Principles and Prohibition Part VIII The Fundamental Freedoms Part IX Competition Law and Related Matters Part X Further Areas of Economic Law Part XI Law of Natural and Economic Resources Part XII Social Protection and Public Health

Author : Christian N. K. Franklin
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2018
Category : Antologier
ISBN : 1780686552

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The Effectiveness and Application of EU and EEA Law in National Courts by Christian N. K. Franklin Pdf

This book compares and explains how the key European Union and European Economic Area legal principles of consistent interpretation are applied and developed by national courts in 12 different European Union and European Free Trade Association Member States.

Author : Biondi, Andrea,Sangiuolo, Giorgia
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 55,8 Mb
Release : 2021-10-22
Category : Law
ISBN : 9781839103353

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The EU and the Rule of Law in International Economic Relations by Biondi, Andrea,Sangiuolo, Giorgia Pdf

This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.

Author : Karin Fløistad
Publisher : Springer
Page : 289 pages
File Size : 43,8 Mb
Release : 2018-10-02
Category : Law
ISBN : 9783319950433

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The EEA Agreement in a Revised EU Framework for Welfare Services by Karin Fløistad Pdf

This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU’s legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.

Author : Peter Christian Müller-Graff,Erling Selvig
Publisher : BWV Verlag
Page : 141 pages
File Size : 44,7 Mb
Release : 2012-01-01
Category : European Economic Community countries
ISBN : 9783830527770

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European Law in an Era of Crisis by Peter Christian Müller-Graff,Erling Selvig Pdf

HauptbeschreibungEuropean law (EC law and EEA law) was suddenly confronted with the great global crisis of the financial markets in the autumn of 2008 in an intensity never experienced before. How flexible the rules on the internal market of the European Union and on the European Economic Area are shaped in order to cope with the challenges of such an era of crisis is the topic of this volume. Its seven contributions analyse the impact of the crisis on the free movement of capital, the free movement of services, the rules on competition and the development of the relation between Norway and the European Union.

Author : Thérèse Blanchet,Risto Piipponen,Maria Westman-Clément
Publisher : Oxford University Press
Page : 532 pages
File Size : 47,8 Mb
Release : 1994
Category : Business & Economics
ISBN : 0198258844

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The Agreement on the European Economic Area (EEA) by Thérèse Blanchet,Risto Piipponen,Maria Westman-Clément Pdf

The EEA Agreement extends the European Community internal market to the European Free Trade Area countries. This book gives lawyers and business people an in-depth but non-technical guide to the new EEA rules governing the free movement of goods, including product coverage and rules of origin, technical barriers to trade, intellectual property, product liability, public procurement, competition, and state aids.

Author : Katarina Hyltén-Cavallius,Jaan Paju
Publisher : Bloomsbury Publishing
Page : 287 pages
File Size : 40,8 Mb
Release : 2023-02-09
Category : Political Science
ISBN : 9781509951857

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Free Movement of Persons in the Nordic States by Katarina Hyltén-Cavallius,Jaan Paju Pdf

Can it be argued that there exists a concept of Nordic citizenship, founded on inter-Nordic cooperation and its relationship with EU law and EEA law? Researchers from all five Nordic States (Denmark, Finland, Iceland, Norway and Sweden) explore the tensions, gaps, and overlaps arising from the interplay of EU citizenship, EEA law, and the Nordic initiatives that aim to facilitate cross-border mobility of persons in the region. The analysis takes a dual approach. Firstly, it tracks the legal development of nationality law in Nordic states. Secondly, it sets out the rights of residence and access to social rights that follow from the three different regimes. It asks if the Nordic States, through their regional cooperation, are 'going beyond' EU free movement law, making naturalisation to a citizenship in a Nordic state particularly attractive. This important new work gives a unique perspective on EU citizenship and free movement law.

Author : Hans Petter Graver
Publisher : Unknown
Page : 146 pages
File Size : 44,7 Mb
Release : 2004
Category : Agreement on the European Economic Area
ISBN : STANFORD:36105063800689

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National Judicial Reactions to Supranationality in the EC and the EEA by Hans Petter Graver Pdf

Author : Sven Norberg
Publisher : Kluwer Law International
Page : 893 pages
File Size : 44,8 Mb
Release : 1993
Category : Law
ISBN : 9065447989

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EEA Law by Sven Norberg Pdf