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Author : Ulf Bernitz,Joakim Nergelius,Swedish Network for European Legal Studies,Lunds universitet. Juridiska fakulteten
Publisher : Springer
Page : 264 pages
File Size : 51,7 Mb
Release : 2000-11-08
Category : Law
ISBN : STANFORD:36105060772782
Future, A.G. Toth
Author : Emmanuel Ugirashebuja,John Eudes Ruhangisa,Tom Ottervanger,Armin Cuyvers
Publisher : BRILL
Page : 553 pages
File Size : 43,6 Mb
Release : 2017-03-06
Category : Law
ISBN : 9789004322073
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
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
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.
Author : Xavier Groussot
Publisher : ISBS
Page : 508 pages
File Size : 48,8 Mb
Release : 2006
Category : Law
ISBN : 9076871671
Recoge: 1.General principles and the domestic law - 2.General principles and international law - 3.General principles taking individual rights seriously - 4.Administrative principles and fundamental rights - 5.Procedural principles as justice and citizen rights - 6.Judicial review of the member states actions through the use of general principles - 7.Impact of the general principles in UK public law - 8.Impact of the general principles in French public law - 9.Impact of the general principles in Swedish public law - 10.Towards a jus commune europaeum.
Author : Ulf Bernitz,Joakim Nergelius
Publisher : Unknown
Page : 128 pages
File Size : 45,7 Mb
Release : 2000
Category : Electronic
ISBN : OCLC:473651419
Author : Stefan Vogenauer,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 55,9 Mb
Release : 2017-06-15
Category : Law
ISBN : 9781509910694
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.
Author : Chiara Amalfitano
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 54,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439437
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.
Author : Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 42,5 Mb
Release : 2022-04-22
Category : Political Science
ISBN : 9781784712389
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.
Author : Takis Tridimas
Publisher : Oxford University Press, USA
Page : 480 pages
File Size : 51,8 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105060432833
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.
Author : Robert Schütze,Takis Tridimas
Publisher : Oxford University Press
Page : 1441 pages
File Size : 52,6 Mb
Release : 2018
Category : Law
ISBN : 9780199533770
"Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website
Author : Stefan Leible
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 40,6 Mb
Release : 2016-02-22
Category : Law
ISBN : 9789041159649
European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.
Author : J. Raitio
Publisher : Springer Science & Business Media
Page : 469 pages
File Size : 43,6 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401703536
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?
Author : Takis Tridimas
Publisher : Oxford University Press, USA
Page : 591 pages
File Size : 45,9 Mb
Release : 2007
Category : Law
ISBN : 0199227683
This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.
Author : Christopher Vincenzi,John Fairhurst
Publisher : Unknown
Page : 592 pages
File Size : 45,7 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105062959288
Second or third year LLB courses in EC or EU law in law departments. One-year full-time or two-year part-time CPE (common professional examination) or Diploma courses in law departments. Students of non-law disciplines taking introductory courses in EC law. The book treats Community law in a realistic, non-abstract manner, as a highly important source of law in regular and frequent application in the UK courts. Community topics are illustrated as far as possible by decisions of the ECJ referred by UK courts, and each major area of substantive law is explored by way of its implementation in the UK. The first part of the book focuses on the institutions and general principles of EC law in some depth, the remaining three parts focus on the main principles of the substantive law: free movement of persons and services, and rights of establishment; free movement of goods; and competition law.
Author : Trevor C. Hartley
Publisher : Oxford University Press, USA
Page : 536 pages
File Size : 50,7 Mb
Release : 2007
Category : Law
ISBN : 9780199290352
Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.