Procedural Autonomy Of Eu Member States Paradise Lost

Author : Diana-Urania Galetta
Publisher : Springer Science & Business Media
Page : 160 pages
File Size : 40,5 Mb
Release : 2010-07-23
Category : Law
ISBN : 9783642125478

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Procedural Autonomy of EU Member States: Paradise Lost? by Diana-Urania Galetta Pdf

Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.

Author : Bart Krans,Anna Nylund
Publisher : Unknown
Page : 0 pages
File Size : 53,5 Mb
Release : 2020
Category : Civil procedure
ISBN : 1780689063

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Procedural Autonomy Across Europe by Bart Krans,Anna Nylund Pdf

This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

Author : Pedro Cerqueira Gomes
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 43,9 Mb
Release : 2021-01-29
Category : Law
ISBN : 9781800371576

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EU Public Procurement and Innovation by Pedro Cerqueira Gomes Pdf

This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement – implying interesting harmonisation challenges, mostly regarding the use of the Innovation Partnership Procedure and the national administrative law traditions of the Member States.

Author : Allison Östlund
Publisher : Nomos Verlag
Page : 326 pages
File Size : 55,8 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 : Grith Skovgaard Ølykke,Albert Sanchez-Graells
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 45,6 Mb
Release : 2016-11-25
Category : Electronic
ISBN : 9781785361814

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Reformation or Deformation of the EU Public Procurement Rules by Grith Skovgaard Ølykke,Albert Sanchez-Graells Pdf

Author : Adam Lazowski,Steven Blockmans
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 42,7 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782544746

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Research Handbook on EU Institutional Law by Adam Lazowski,Steven Blockmans Pdf

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Author : Simona Demková
Publisher : Edward Elgar Publishing
Page : 227 pages
File Size : 44,9 Mb
Release : 2023-08-14
Category : Law
ISBN : 9781035306619

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Automated Decision-Making and Effective Remedies by Simona Demková Pdf

This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection

Author : Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
Publisher : Bloomsbury Publishing
Page : 2013 pages
File Size : 45,9 Mb
Release : 2021-11-18
Category : Law
ISBN : 9781509933501

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The EU Charter of Fundamental Rights by Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward Pdf

“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.

Author : Patrick Birkinshaw,Mike Varney
Publisher : Kluwer Law International B.V.
Page : 402 pages
File Size : 47,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041131522

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The European Union Legal Order After Lisbon by Patrick Birkinshaw,Mike Varney Pdf

In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.

Author : Vesna Lazić,Steven Stuij
Publisher : Springer
Page : 127 pages
File Size : 50,5 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789462652521

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International Dispute Resolution by Vesna Lazić,Steven Stuij Pdf

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Author : Giulio Napolitano,Giorgio Resta
Publisher : Roma TrE-Press
Page : 319 pages
File Size : 44,7 Mb
Release : 2020-07-14
Category : Law
ISBN : 8210379456XXX

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Roma Tre Law Review – 01/2020 by Giulio Napolitano,Giorgio Resta Pdf

“Roma Tre Law Review” is a law review sponsored by the Department of Law of the University of Roma Tre. It is not focused on a specific topic or a set of issues, but it is aimed at surveying transversally – and from an interdisciplinary perspective – the national and trans-national legal landscape. Its main aim is to promote the diffusion of the Italian legal culture, and namely the type of scholarship produced at Roma Tre, abroad, as well as to investigate the development of the law in several fields and places from an Italian and European viewpoint. Accordingly, the review will host contributions ideally characterized by a specific set of features, and namely by their openness to comparative, historical, and interdisciplinary perspectives on all legal issues of not strictly local concern.

Author : Georg Kofler,Michael Lang,Pasquale Pistone,Alexander Rust,Josef Schuch,Karoline Spies,Claus Staringer,Rita Szudoczky,Ilze Kuniga
Publisher : Linde Verlag GmbH
Page : 375 pages
File Size : 42,9 Mb
Release : 2024-01-17
Category : Law
ISBN : 9783709413302

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CJEU - Recent Developments in Value Added Tax 2022 by Georg Kofler,Michael Lang,Pasquale Pistone,Alexander Rust,Josef Schuch,Karoline Spies,Claus Staringer,Rita Szudoczky,Ilze Kuniga Pdf

The most important and recent judgments of the CJEU Considering the ever-increasing importance of indirect taxation as a source of revenue for governments, the intensifying complexity of the legal framework, and the proliferating number of countries adopting indirect taxation, it is essential to scrutinize how the law is applied in practice. The primary driving force in this area is, undoubtedly, the Court of Justice of the European Union. This book analyses selected topics (e.g., fighting VAT fraud, obligations imposed on digital platforms, taxable person, taxable transactions, place of supply, taxable base and rates, exemptions, and deductions) by examining the most prominent and recent judgments of the Court of Justice of the European Union. Experts from all over the world, not just from academia but also government and judiciary representatives, as well as tax practitioners, have provided their input and helped us compile what is an informative and worthy read for anyone dealing with indirect taxation on a professional basis.

Author : Kai Purnhagen
Publisher : Springer Science & Business Media
Page : 452 pages
File Size : 46,6 Mb
Release : 2013-06-26
Category : Law
ISBN : 9789400765436

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The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration by Kai Purnhagen Pdf

This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.​

Author : Clelia Lacchi
Publisher : Éditions Larcier
Page : 278 pages
File Size : 55,7 Mb
Release : 2020-09-09
Category : Law
ISBN : 9782807925427

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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.

Author : Chris Backes,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 1031 pages
File Size : 51,6 Mb
Release : 2019-08-08
Category : Law
ISBN : 9781509921485

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Cases, Materials and Text on Judicial Review of Administrative Action by Chris Backes,Mariolina Eliantonio Pdf

This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.