National Courts And The Application Of Eu Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of National Courts And The Application Of Eu Law book. This book definitely worth reading, it is an incredibly well-written.
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.
National Courts and the Application of EU Law by Monika Domańska,Dawid Miąsik,Monika Szwarc Pdf
This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.
EU Law and Integration by José Luís Da Cruz Vilaça Pdf
This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.
Private Enforcement of EU Law Before National Courts by Folkert Wilman Pdf
Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.
Author : Sacha Prechal,Bert van Roermund,G. van Roermund Publisher : Oxford Studies in European Law Page : 574 pages File Size : 43,6 Mb Release : 2008 Category : Law ISBN : 9780199232468
The Coherence of EU Law by Sacha Prechal,Bert van Roermund,G. van Roermund Pdf
This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
The Effectiveness and Application of EU and EEA Law in National Courts by Christian N. K. Franklin Pdf
This book compares and explains how the key European Union and European Economic Area legal principles of consistent interpretation are applied and developed by national courts in 12 different European Union and European Free Trade Association Member States.
Standing to Enforce European Union Law before National Courts by Hilde K Ellingsen Pdf
Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.
The Evolution of EU Law by Paul P. Craig,Gráinne De Búrca Pdf
The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.
The European Court of Justice by Gráinne De Búrca,Joseph Weiler Pdf
This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.
This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.
The Application of EU Law in the New Member States by Adam Lazowski Pdf
The Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way and its effectiveness should not be at risk in the long term. Having passed the phase of shyness, domestic courts in at least a few of those countries have already started to send references for the preliminary rulings to the European Court of Justice. Despite some early disappointments, the new references are, in most cases, admissible and very interesting from the substantive point of view. A purely technocratic approach may immediately lead to a conclusion that all these efforts are not sufficient and that the newcomers are underperforming. However, if one takes into account the breadth of the reforms and changes those countries have undergone in the past two decades the conclusion may be different. The emerging picture is quite impressive when economic, political and social factors are taken into account. The countries of Central and Eastern Europe, which had managed to escape the brain draining ruthless Soviet empire, have spent the last twenty years in a deep, multidimensional transformation. Membership of the European Union is yet another challenge they are faced with. One should not think of those countries as children of a lesser God, but rather a Brave New World negotiating its way in the contemporary Europe. This book is important reading for academics, practitioners and civil servants in the EU Member States and candidate countries. Dr Adam Lazowski is Reader in Law at the School of Law, University of Westminster, London, UK.
Understanding European Union Law by Karen Davies,Maarten van Munster,Isabel Düsterhöft Pdf
Providing short, clear and accessible explanations of the main areas of EU law, Understanding European Union Law is both an ideal introduction for students new to EU law and an essential addition to revision for the more accomplished. This eighth edition has been fully revised and updated with the latest legislative changes and includes an in-depth discussion of ‘Brexit’ and its implications for EU–UK relations. The book provides readers with a clear understanding of the structures and rationale behind EU law, explaining how and why the law has developed as it has. In addition to discussing the core areas of EU law such as its sources, the role and powers of the EU’s Institutions, the enforcement of EU law and the law of the internal market, this edition also includes a new chapter on three ‘non-economic’ areas of EU law: fundamental human rights, equality (non-discrimination) and the environment. This student-friendly text is both broad in scope and highly accessible. It will inspire students towards further study and show that understanding EU law can be an enjoyable and rewarding experience. As well as being essential reading for Law students, Understanding European Union Law is also suitable for students on other courses where basic knowledge of EU law is required or useful, such as business studies, political science, international relations or European studies programmes.
The Interaction Between Europe's Legal Systems by Giuseppe Martinico,Oreste Pollicino Pdf
This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
Author : Paul P. Craig,Gráinne de Búrca Publisher : Oxford University Press Page : 1304 pages File Size : 55,6 Mb Release : 2008 Category : Law ISBN : 9780199273898
Written by two prominent experts in the field, the fourth edition of the market-leading EU Law: Text, Cases and Materials offers the reader an authoritative and comprehensive guide to the main fields of EU Law, both institutional and substantive. Through the distinctive mix of 50% text and 50% cases and materials, the fully revised and updated fourth edition addresses the significant recent developments in EU legislation, including four new chapters on topics of central importance. The new enlarged format includes a two-colour text design which easily distinguishes between author commentary and cases and materials. Craig and de Burca's EU Law: Text, Cases and Materials is the bestselling EU Law textbook - recommended by many institutions as a core text for LLB courses and trusted by thousands of students to provide an authoritative commentary on EU Law. Accompanied by an Online Resource Centre containing an: - interactive map of Europe with hot-spots on all EU member states, providing factual information on each member country - interactive timeline tracking key dates in EU legal history
Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection by Clelia Lacchi Pdf
The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.
