General Principles Of Ec Law In A Process Of Development

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General Principles of EC Law in a Process of Development

Author : Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot
Publisher : Kluwer Law International B.V.
Page : 479 pages
File Size : 44,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127051

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General Principles of EC Law in a Process of Development by Ulf Bernitz,Joakim Nergelius,Cecilia Cardner,Xavier Groussot Pdf

What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

The General Principles of EC Law

Author : Takis Tridimas
Publisher : Oxford University Press, USA
Page : 480 pages
File Size : 42,7 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105060432833

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The General Principles of EC Law by Takis Tridimas Pdf

One of the main ways in which the European Court of Justice has influenced the development of the Community legal order is through the elaboration of unwritten general principles of law derived from the fundamental values underlying the national legal systems. This book provides a detailed andsystematic account of the general principles as applied by the European Court of Justice and the Court of First Instance. It highlights the various functions fulfilled by the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that theyentail. Tridimas focuses on principles such as equality, proportionality, fundamental rights and the right to a hearing. This book also analyses the liability of Member States for breaches of Community Law. It is designed for students, academics and practitioners interested in the wider areas ofEuropean law and judicial review. This book is part of the Oxford EC Law Library. The aim of this series is to publish important and original studies of the various branches of European Community Law. Each work provides a clear, concise, and original critical exposition of the law in its social, economic, and political context, at alevel which will interest the advanced student, the practitioner, the academic, and government and Community officials.

General Principles of EC Law

Author : John Anthony Usher
Publisher : Addison Wesley Publishing Company
Page : 196 pages
File Size : 46,9 Mb
Release : 1998
Category : Law
ISBN : UOM:35112202447605

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General Principles of EC Law by John Anthony Usher Pdf

This book provides an authoritative account and analysis of the general principles of EC law - essential to an understanding not only of the rapidly growing and increasingly specialized areas of substantive EC law, and the process of judicial review, but also to the evolution of the EU more generally. A central concern of the book is to explain how the European Court has developed general principles of law derived from the national legal systems of the Member States, from the EC Treaty itself, and from the international agreements to which Member States are parties - and then to show how these general principles have been applied and interpreted in practice.

General Principles of Law

Author : Stefan Vogenauer,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 47,6 Mb
Release : 2017-06-15
Category : Law
ISBN : 9781509910694

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General Principles of Law by Stefan Vogenauer,Stephen Weatherill Pdf

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

General Principles of EU Civil Law

Author : Norbert Reich
Publisher : Intersentia Uitgevers N V
Page : 244 pages
File Size : 54,5 Mb
Release : 2013
Category : Law
ISBN : 1780681763

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General Principles of EU Civil Law by Norbert Reich Pdf

This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.

The Principle of Legal Certainty in EC Law

Author : J. Raitio
Publisher : Springer Science & Business Media
Page : 469 pages
File Size : 43,6 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401703536

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The Principle of Legal Certainty in EC Law by J. Raitio Pdf

The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?

The General Principles of EU Law

Author : Takis Tridimas
Publisher : Unknown
Page : 591 pages
File Size : 41,8 Mb
Release : 2006
Category : Constitutional law
ISBN : OCLC:475431125

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The General Principles of EU Law by Takis Tridimas Pdf

General Principles of EU Law and the Protection of Fundamental Rights

Author : Chiara Amalfitano
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 54,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439437

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General Principles of EU Law and the Protection of Fundamental Rights by Chiara Amalfitano Pdf

This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.

General Principles of European Community Law

Author : Ulf Bernitz,Joakim Nergelius,Swedish Network for European Legal Studies,Lunds universitet. Juridiska fakulteten
Publisher : Springer
Page : 264 pages
File Size : 55,9 Mb
Release : 2000-11-08
Category : Law
ISBN : STANFORD:36105060772782

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General Principles of European Community Law by Ulf Bernitz,Joakim Nergelius,Swedish Network for European Legal Studies,Lunds universitet. Juridiska fakulteten Pdf

Future, A.G. Toth

The Principle of Proportionality in European Law:A Comparative Study

Author : Nicholas Emiliou
Publisher : Springer
Page : 332 pages
File Size : 55,6 Mb
Release : 1996-02-23
Category : Law
ISBN : STANFORD:36105061745886

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The Principle of Proportionality in European Law:A Comparative Study by Nicholas Emiliou Pdf

The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.

Law of the European Community

Author : Christopher Vincenzi
Publisher : Financial Times/Prentice Hall
Page : 318 pages
File Size : 55,6 Mb
Release : 1999
Category : Political Science
ISBN : 0273638467

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Law of the European Community by Christopher Vincenzi Pdf

This updated new edition of Law of the European Community provides students with a solid grounding in the principles of EC law. Both the institutional and substantive facets of the subject are covered in the same volume. The three main aims of the book remain: to provide an account of Community institutions and the general principles of EC law at an introductory level; to provide a selection of substantive topics in the three areas of free movement of persons, free movement of goods and serves, and competition law; and to provide the reader with an appreciation of the extent to which EC law is integrated with the UK legal system and how EC law has developed to give effect to Community rights.

General Principles of EU Civil Law

Author : Norbert Reich
Publisher : Unknown
Page : 216 pages
File Size : 54,8 Mb
Release : 2014
Category : Charter of Fundamental Rights of the European Union
ISBN : 1780685300

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General Principles of EU Civil Law by Norbert Reich Pdf

General Principles of EU Civil Law focuses on a rapidly developing but still highly controversial area of EU law: the emergence of general principles with constitutional relevance for EU civil law, guiding its interpretation, gap filling and legality control. This study brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1 to 3 on framed autonomy, protection of the weaker party and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, principle 7 on good faith is still an emerging principle but is gradually gaining importance.This book will allow the reader to understand and to assess the current evolution of EU civil law in days where its autonomous character is increasingly recognised in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.About this book'The topic is highly relevant these days and orders our case-law in ways that only a proficient academic like Norbert Reich is capable of doing. That effort will in turn be taken into account in the further development of the case-law.'Koen Lenaerts, Vice-President of the Court of Justice of the European Union'Professor Reich has written a book that is not merely rich and broad in ambition,but in fact genuinely ground-breaking. In identifying, explaining and analysing seven key principles of EU civil law, he has drawn us a map that will help scholars to find their way through the forbiddingly dense jungle populated by EU Treaty provisions, the legislative acquis and the Court's case law. And, in showing how proudly 'social' much of the EU's protective regulation affecting private parties truly is, he has set a tone that EU policymakers should embrace.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford'For the private lawyer, probably the most interesting recent d ...

Research Handbook on General Principles in EU Law

Author : Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 46,8 Mb
Release : 2022-04-22
Category : Political Science
ISBN : 9781784712389

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Research Handbook on General Principles in EU Law by Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta Pdf

This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

General Principles of Law

Author : Stefan Vogenauer,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 622 pages
File Size : 46,5 Mb
Release : 2017-06-15
Category : Law
ISBN : 9781509910700

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General Principles of Law by Stefan Vogenauer,Stephen Weatherill Pdf

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Solidarity in EU Law

Author : Andrea Biondi,Eglė Dagilytė,Esin Küçük
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 49,9 Mb
Release : 2018
Category : Electronic
ISBN : 9781783477784

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Solidarity in EU Law by Andrea Biondi,Eglė Dagilytė,Esin Küçük Pdf

The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.