Efta Court

Author : Carl Baudenbacher,Per Tresselt,Thorgeir Orlygsson
Publisher : Bloomsbury Publishing
Page : 231 pages
File Size : 48,6 Mb
Release : 2005-08-19
Category : Law
ISBN : 9781847310125

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The EFTA Court by Carl Baudenbacher,Per Tresselt,Thorgeir Orlygsson Pdf

On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of free movement and national or collective preferences on the EU/EEA and WTO levels, the relationship between the European courts and the Member States in European integration, homogeneity as a general principle of European integration, and the importance of judicial dialogue. In this regard, the sentence from President Skouris of the Court of Justice of the European Communities, who called the dialogue between the EFTA Court and the EC Court 'a shining example of judicial cooperation', could also serve as a motto for the present book.

Author : EFTA Court
Publisher : Bloomsbury Publishing
Page : 788 pages
File Size : 49,6 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 : Efta Court
Publisher : Hart Publishing Limited
Page : 596 pages
File Size : 43,7 Mb
Release : 2017-01-26
Category : Electronic
ISBN : 1509913858

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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 andthe 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,Per Tresselt,Øorgeir Örlygsson
Publisher : Unknown
Page : 213 pages
File Size : 52,8 Mb
Release : 2005
Category : Foreign trade regulation
ISBN : 1472563409

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The EFTA Court by Carl Baudenbacher,Per Tresselt,Øorgeir Örlygsson Pdf

On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of fre.

Author : Carl Baudenbacher,EFTA Court
Publisher : Unknown
Page : 117 pages
File Size : 51,5 Mb
Release : 2008
Category : Electronic
ISBN : OCLC:681480815

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EFTA Court by Carl Baudenbacher,EFTA Court Pdf

Author : Carl Baudenbacher
Publisher : Springer
Page : 859 pages
File Size : 40,5 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 : EFTA Court
Publisher : Bloomsbury Publishing
Page : 598 pages
File Size : 43,9 Mb
Release : 2014-11-27
Category : Law
ISBN : 9781782255246

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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 : German Law Pubs
Page : 168 pages
File Size : 49,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 3941389041

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The EFTA Court in Action by Carl Baudenbacher Pdf

The book is based on lectures the author gave at the University of Iceland School of Law in 2009. Its aim is to explain the working and the case law of the EFTA Court in view of its embeddedness in the institutional framework of the Agreement on the European Economic Area. Although Europe is a special case with regard to the judicialisation of law, Baudenbacherâ??s insight and his conclusions may contribute to a better understanding of the functioning of international courts in general.

Author : Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang
Publisher : Studies on International Courts and Tribunals
Page : 547 pages
File Size : 41,6 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781108424479

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The Legitimacy of International Trade Courts and Tribunals by Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang Pdf

2.2 Procedural Rules and Issues

Author : Carl Baudenbacher
Publisher : Springer
Page : 520 pages
File Size : 42,5 Mb
Release : 2019-01-30
Category : Law
ISBN : 9783030023089

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Judicial Independence by Carl Baudenbacher Pdf

This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

Author : Carl Baudenbacher
Publisher : Springer
Page : 251 pages
File Size : 49,7 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 : Anonim
Publisher : Unknown
Page : 182 pages
File Size : 51,8 Mb
Release : 2000
Category : Electronic
ISBN : OCLC:918371208

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EFTA Court Texts Relating to Organization, Jurisdiction and Procedure of the Court by Anonim Pdf

Author : Morten Broberg,Niels Fenger
Publisher : Oxford University Press
Page : 544 pages
File Size : 50,8 Mb
Release : 2021-03-25
Category : Law
ISBN : 9780192581709

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Broberg and Fenger on Preliminary References to the European Court of Justice by Morten Broberg,Niels Fenger Pdf

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.

Author : Morten Broberg,Niels Fenger
Publisher : Oxford University Press
Page : 578 pages
File Size : 47,7 Mb
Release : 2014-03
Category : Law
ISBN : 9780198704027

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Preliminary References to the European Court of Justice by Morten Broberg,Niels Fenger Pdf

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.

Author : Georges Baur,Michael Sánchez Rydelski,Carsten Zatschler
Publisher : Kluwer Law International B.V.
Page : 190 pages
File Size : 44,7 Mb
Release : 2018-03-27
Category : Law
ISBN : 9789403500119

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European Free Trade Association (EFTA) and the European Economic Area (EEA) by Georges Baur,Michael Sánchez Rydelski,Carsten Zatschler Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of European Free Trade Association (EFTA) and the European Economic Area (EEA) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of European Free Trade Association (EFTA) and the European Economic Area (EEA) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.