Judicial Review In Eu Law

Author : Alexander H. Türk
Publisher : Edward Elgar Publishing
Page : 403 pages
File Size : 54,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781848447493

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Judicial Review in EU Law by Alexander H. Türk Pdf

Judicial review constitutes an important aspect of any legal system operating under the rule of law. This book provides a comprehensive account of judicial review in EU law by assessing the vast and complex case-law of the European Court of Justice (ECJ) in this area and the academic opinion which has accompanied its rulings over the years. It questions the prevalent view in academic literature that the Court s restrictive approach to allowing individuals direct access to the Community Courts, in case of a challenge against normative acts, amounts to a denial of an effective remedy. The author argues that the emerging constitutional nature of the European Union and its federal structure requires a more balanced view. While it will improve direct access for individuals to the Union's judiciary, the Lisbon Treaty will not radically alter the system of judicial review in the European Union. Judicial Review in EU Law will be of great interest to academics, and given its detailed discussion of case-law of the ECJ it will also appeal to postgraduate students of European law. Dealing with an important aspect of legal practice, it will be invaluable reading for practitioners in law firms and officials working in local, regional and central government.

Author : Allison Östlund
Publisher : Nomos Verlag
Page : 326 pages
File Size : 50,5 Mb
Release : 2019-10-29
Category : Law
ISBN : 9783748901143

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Effectiveness versus Procedural Protection by Allison Östlund Pdf

Die Arbeit untersucht das Spannungsfeld zwischen einem fairen Resultat und Fairplay im Rechtsverfahren. Bislang hat der Europäische Gerichtshof es traditionell abgelehnt, hier eine klare Wahl zu treffen, indem er sich in Vorabentscheidungen im Zusammenhang mit der ex officio-Überprüfung weitgehend dem nationalen Recht unterwirft. Diese Arbeit zeigt, dass spezifische Schutzvorrechte zunehmend substantiell korrekte Urteile hervorgebracht haben, während ein neuer Grundrechtsansatz den individuellen Verfahrensschutz nicht gefördert hat.

Author : Conleth Bradley
Publisher : Unknown
Page : 128 pages
File Size : 43,5 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 0414054482

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Judicial Review by Conleth Bradley Pdf

Author : Giacinto Della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 417 pages
File Size : 55,8 Mb
Release : 2021
Category : Judicial review
ISBN : 9780198867609

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Judicial Review of Administration in Europe by Giacinto Della Cananea,Mauro Bussani Pdf

This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

Author : Chiara Zilioli
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 44,5 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781800373204

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Judicial Review in the European Banking Union by Chiara Zilioli Pdf

This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.

Author : Casarosa, Federica,Moraru, Madalina
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 42,9 Mb
Release : 2022-02-04
Category : Law
ISBN : 9781800371224

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The Practice of Judicial Interaction in the Field of Fundamental Rights by Casarosa, Federica,Moraru, Madalina Pdf

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.

Author : Gordon Slynn Baron Slynn of Hadley
Publisher : Springer
Page : 732 pages
File Size : 55,7 Mb
Release : 2000-06-14
Category : Law
ISBN : STANFORD:36105060217176

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Judicial Review in European Union Law:Essays in Honour of Lord Slynn by Gordon Slynn Baron Slynn of Hadley Pdf

Paradigm in Judicial Review

Author : Bruno de Witte,Juan A. Mayoral,Urszula Jaremba,Marlene Wind,Karolina Podstawa
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 54,8 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781783479900

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National Courts and EU Law by Bruno de Witte,Juan A. Mayoral,Urszula Jaremba,Marlene Wind,Karolina Podstawa Pdf

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

Author : Gabriël Moens,John Trone
Publisher : Springer Science & Business Media
Page : 486 pages
File Size : 45,9 Mb
Release : 2010-04-23
Category : Law
ISBN : 9789048187744

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Commercial Law of the European Union by Gabriël Moens,John Trone Pdf

? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.

Author : Giacinto della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 400 pages
File Size : 50,7 Mb
Release : 2021-08-23
Category : Law
ISBN : 9780192637710

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Judicial Review of Administration in Europe by Giacinto della Cananea,Mauro Bussani Pdf

This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

Author : Richard John Francis Gordon,Rowena Moffatt
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 50,5 Mb
Release : 2014
Category : Law
ISBN : 0199675333

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EU Law in Judicial Review by Richard John Francis Gordon,Rowena Moffatt Pdf

This work provides comprehensive guidance to practitioners on EU issues in the context of judicial review, taking into account the latest developments. Discussing procedure, principle, and practice in three separate parts, it explores the interaction between EU and public law and discusses the most effective approaches for managing claims.

Author : Susana Galera,Council of Europe
Publisher : Council of Europe
Page : 336 pages
File Size : 55,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9287167230

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Judicial Review by Susana Galera,Council of Europe Pdf

"The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe."--

Author : Oda Essens,Anna Gerbrandy,S. A. C. M. Lavrijssen-Heijmans
Publisher : Europa Law Publishing
Page : 328 pages
File Size : 42,6 Mb
Release : 2009
Category : Law
ISBN : 9089520015

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National Courts and the Standard of Review in Competition Law and Economic Regulation by Oda Essens,Anna Gerbrandy,S. A. C. M. Lavrijssen-Heijmans Pdf

From a comparative perspective, this book deals with the question of the impact of European law, especially the Tetra Laval case-law, on the standard of review applied by national courts in the area of competition law and economic regulation. The book is a follow-up to the conference on 'Judicial review in competition law and economic regulation, ' held by the Europa Institute at Utrecht on May 23-24, 2008. It contains contributions by academics and practitioners from EU Member States and from European institutions. The book analyzes the differences and the similarities between the crucial concepts related to judicial review and the way judicial review functions in practice in different EU Member States. It examines the question as to whether a more common approach towards judicial review is needed, and if so, how this can be achieved

Author : Michal Krajewski
Publisher : Bloomsbury Publishing
Page : 361 pages
File Size : 42,9 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781509947300

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Relative Authority of Judicial and Extra-Judicial Review by Michal Krajewski Pdf

Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.

Author : Bruno de Witte,Elise Muir,Mark Dawson
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 55,5 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.