European Court Procedure

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European Court Procedure

Author : Viktor Luszcz
Publisher : Bloomsbury Publishing
Page : 784 pages
File Size : 51,9 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781509900916

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European Court Procedure by Viktor Luszcz Pdf

“More than just another new theoretical study, this book really is a practical and useful tool that I sincerely recommend." From the foreword by Mr Marc van der Woude, President of the General Court of the European Union The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties. The book is thus a comprehensive reference tool for practising lawyers and helps them present their cases effectively, while at the same time offering valuable guidance to national judges dealing with cases raising points of EU law. Moreover, it provides insights into the reasoning process of the EU Courts, which will be of interest to scholars in the field, and is built around a structure that facilitates its use as a teaching material.

European Court Procedure

Author : Viktor Luszcz
Publisher : Bloomsbury Publishing
Page : 779 pages
File Size : 54,9 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781782252658

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European Court Procedure by Viktor Luszcz Pdf

“More than just another new theoretical study, this book really is a practical and useful tool that I sincerely recommend." From the foreword by Mr Marc van der Woude, President of the General Court of the European Union The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties. The book is thus a comprehensive reference tool for practising lawyers and helps them present their cases effectively, while at the same time offering valuable guidance to national judges dealing with cases raising points of EU law. Moreover, it provides insights into the reasoning process of the EU Courts, which will be of interest to scholars in the field, and is built around a structure that facilitates its use as a teaching material.

Civil Procedure in the European Union

Author : Carlo Rasia
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 44,5 Mb
Release : 2022-10-20
Category : Law
ISBN : 9789403503967

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Civil Procedure in the European Union by Carlo Rasia Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in the European Union. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

The European Court of Justice

Author : K. P. E. Lasok
Publisher : Butterworth-Heinemann
Page : 496 pages
File Size : 50,9 Mb
Release : 1984
Category : Law
ISBN : UOM:39015013100204

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The European Court of Justice by K. P. E. Lasok Pdf

Recoge: 1.The Court as an institution -- 2.General outline of procedure -- 3.Parties -- 4.Representation and legal aid -- 5.Intervention -- 6.Procedural issues -- 7.Admissibility -- 8.Interim relief -- 9.Pleading -- 10.Evidence -- 11.Costs -- 12.Judgments and decisions of the court -- 13.Forms of action.

Remedies and Procedures Before the EU Courts

Author : René Barents
Publisher : Kluwer Law International B.V.
Page : 1050 pages
File Size : 49,7 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403511146

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Remedies and Procedures Before the EU Courts by René Barents Pdf

The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation likely to arise. From foundations and principles to specific issues regarding the assignment of cases, preliminary rulings, rules on evidence, annulment, illegality, failure to act, pleas, judgments and orders, appeal and much more, the book covers all essential elements of Court of Justice of the European Union procedure, including the following: division of competences between the Union courts; admissibility; rules regarding anonymity; service of documents; setting and extension of time limits, hearings, witnesses and experts; deposit and recovery of sums; application of competition rules, rules on state aid and rules on trade protection; rules in cases concerning intellectual property rights; rules in actions brought on the basis of an arbitration agreement; rules governing access to documents; languages; legal aid; interim measures; damages; expedited procedures; and scope of the rules on costs. Any lawyer seeking appropriate remedies in any case before the European Union courts will benefit enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.

Preliminary References to the European Court of Justice

Author : Morten Broberg,Niels Fenger
Publisher : Oxford University Press
Page : 578 pages
File Size : 40,6 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.

Preliminary References to the European Court of Justice

Author : Morten P. Broberg,Niels Fenger
Publisher : Oxford University Press, USA
Page : 550 pages
File Size : 46,5 Mb
Release : 2010
Category : Law
ISBN : 9780199565078

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

Analysis of the Court of Justice's practice, and the book is extensively referenced throughout with all the most relevant sources reproduced in the annexes. Readership: Advocates, Judges, and legal academics with an interest in EU law.

The Pilot-Judgment Procedure of the European Court of Human Rights

Author : Dominik Haider
Publisher : Martinus Nijhoff Publishers
Page : 347 pages
File Size : 47,7 Mb
Release : 2013-05-15
Category : Law
ISBN : 9789004246447

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The Pilot-Judgment Procedure of the European Court of Human Rights by Dominik Haider Pdf

Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.

European Traditions in Civil Procedure

Author : C. H. van Rhee
Publisher : Intersentia nv
Page : 362 pages
File Size : 40,7 Mb
Release : 2005
Category : Civil law
ISBN : 9789050954914

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European Traditions in Civil Procedure by C. H. van Rhee Pdf

European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.

Judicial Activism at the European Court of Justice

Author : Bruno de Witte,Elise Muir,Mark Dawson
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 41,5 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857939401

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Judicial Activism at the European Court of Justice by Bruno de Witte,Elise Muir,Mark Dawson Pdf

ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.

European Rules of Civil Procedure

Author : Astrid Stadler,Vincent Smith,Fernando Gascón Inchausti
Publisher : Edward Elgar Publishing
Page : 785 pages
File Size : 44,5 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781800887848

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European Rules of Civil Procedure by Astrid Stadler,Vincent Smith,Fernando Gascón Inchausti Pdf

European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.

Court of Justice of the European Union

Author : Bertrand Wägenbaur
Publisher : Hart Publishing (UK)
Page : 921 pages
File Size : 45,8 Mb
Release : 2013-01
Category : Courts
ISBN : 3406603254

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Court of Justice of the European Union by Bertrand Wägenbaur Pdf

"This Commentary provides for an in-depth insight into the procedural rules of the EU Courts in Luxemburg. The substantive aspects of the legal remedies at the Court of Justice, the General Court and the Civil Service Tribunal, are laid down in the Treaty on the Functioning of the European Union while the procedural aspects are scattered over the Statute of the Court of Justice, the Rules of Procedure of the three jurisdictions, as well as the derived 'Instructions', 'Practice Directions' etc. This Commentary discusses European procedural rules, article by article, including the amendments to the Statute and the recast rules of procedure of the Court of Justice. It thus enables the reader to access easily any rule governing the procedure before the EU Courts. This book covers the abundant case-law and addresses academic questions, as well as a multitude of practical issues in order to provide a comprehensive and also critical analysis of the various rules of procedure." -- Publisher.

The Future of the European Law of Civil Procedure

Author : Fernando Gascón Inchausti,Burkhard Hess,Esther Sánchez Coro
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2020
Category : Civil procedure
ISBN : 1780688598

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The Future of the European Law of Civil Procedure by Fernando Gascón Inchausti,Burkhard Hess,Esther Sánchez Coro Pdf

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.

Judicial Protection in the European Union

Author : Henry G. Schermers,Denis F. Waelbroeck
Publisher : Kluwer Law International B.V.
Page : 922 pages
File Size : 44,5 Mb
Release : 2001-12-20
Category : Law
ISBN : 9789041116314

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Judicial Protection in the European Union by Henry G. Schermers,Denis F. Waelbroeck Pdf

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.

EU Procedural Law

Author : Koen Lenaerts,Ignace Maselis,Kathleen Gutman
Publisher : Oxford University Press
Page : 1051 pages
File Size : 55,9 Mb
Release : 2014-03
Category : Law
ISBN : 9780198707332

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EU Procedural Law by Koen Lenaerts,Ignace Maselis,Kathleen Gutman Pdf

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.