Remedies And Procedures Before The Eu Courts

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Remedies and Procedures Before the EU Courts

René Barents
Remedies and Procedures Before the EU Courts Book PDF

Author : René Barents
Publisher : Kluwer Law International B.V.
Page : 1050 pages
File Size : 54,5 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403511146

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Remedies and Procedures Before the EU Courts by René Barents Pdf

The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation likely to arise. From foundations and principles to specific issues regarding the assignment of cases, preliminary rulings, rules on evidence, annulment, illegality, failure to act, pleas, judgments and orders, appeal and much more, the book covers all essential elements of Court of Justice of the European Union procedure, including the following: division of competences between the Union courts; admissibility; rules regarding anonymity; service of documents; setting and extension of time limits, hearings, witnesses and experts; deposit and recovery of sums; application of competition rules, rules on state aid and rules on trade protection; rules in cases concerning intellectual property rights; rules in actions brought on the basis of an arbitration agreement; rules governing access to documents; languages; legal aid; interim measures; damages; expedited procedures; and scope of the rules on costs. Any lawyer seeking appropriate remedies in any case before the European Union courts will benefit enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.

Court of Justice of the European Union

Bertrand Wägenbaur
Court of Justice of the European Union Book PDF

Author : Bertrand Wägenbaur
Publisher : Hart Publishing (UK)
Page : 921 pages
File Size : 55,6 Mb
Release : 2013-01
Category : Courts
ISBN : 3406603254

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Court of Justice of the European Union by Bertrand Wägenbaur Pdf

"This Commentary provides for an in-depth insight into the procedural rules of the EU Courts in Luxemburg. The substantive aspects of the legal remedies at the Court of Justice, the General Court and the Civil Service Tribunal, are laid down in the Treaty on the Functioning of the European Union while the procedural aspects are scattered over the Statute of the Court of Justice, the Rules of Procedure of the three jurisdictions, as well as the derived 'Instructions', 'Practice Directions' etc. This Commentary discusses European procedural rules, article by article, including the amendments to the Statute and the recast rules of procedure of the Court of Justice. It thus enables the reader to access easily any rule governing the procedure before the EU Courts. This book covers the abundant case-law and addresses academic questions, as well as a multitude of practical issues in order to provide a comprehensive and also critical analysis of the various rules of procedure." -- Publisher.

Private Enforcement of EU Law Before National Courts

Folkert Wilman
Private Enforcement of EU Law Before National Courts Book PDF

Author : Folkert Wilman
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 46,6 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781784718497

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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.

European Court Procedure

Viktor Luszcz
European Court Procedure Book PDF

Author : Viktor Luszcz
Publisher : Bloomsbury Publishing
Page : 784 pages
File Size : 54,8 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781509900916

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European Court Procedure by Viktor Luszcz Pdf

“More than just another new theoretical study, this book really is a practical and useful tool that I sincerely recommend." From the foreword by Mr Marc van der Woude, President of the General Court of the European Union The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties. The book is thus a comprehensive reference tool for practising lawyers and helps them present their cases effectively, while at the same time offering valuable guidance to national judges dealing with cases raising points of EU law. Moreover, it provides insights into the reasoning process of the EU Courts, which will be of interest to scholars in the field, and is built around a structure that facilitates its use as a teaching material.

Judicial Protection in the European Union

Henry G. Schermers,Denis F. Waelbroeck
Judicial Protection in the European Union Book PDF

Author : Henry G. Schermers,Denis F. Waelbroeck
Publisher : Kluwer Law International B.V.
Page : 922 pages
File Size : 46,9 Mb
Release : 2001-12-20
Category : Law
ISBN : 9789041116314

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Judicial Protection in the European Union by Henry G. Schermers,Denis F. Waelbroeck Pdf

Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully describing the nature of the judicial protection available to individuals, undertakings, and member States. With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a much-needed perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing light on how the rule of law may develop in future. An introductory chapter offers a masterful description of how Treaty provisions, Community acts, international law, and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis and insight into such matters as the following: the crucial role of national courts as guarantors of the rights of individuals in Community law the validity of acts taken by Community institutions and member States, and protection against them the delivery of non-judicial opinion and other tasks of the Court of Justice the composition, function, and rules of procedure of the Court the organisation of the Court of First Instance and the appeal procedure against its decisions. Judicial Protection in the European Union is organised to facilitate its prodigious reference value. All important cases are examined, and abundant footnotes clearly indicate relevant precedents in each case. This is a fundamental source for students of European law, as well as a basic reference for practitioners and a valuable analysis of the strengths and weaknesses of the European system of judicial protection.

Civil Procedure in the European Union

Carlo Rasia
Civil Procedure in the European Union Book PDF

Author : Carlo Rasia
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 55,7 Mb
Release : 2022-10-20
Category : Law
ISBN : 9789403503967

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Civil Procedure in the European Union by Carlo Rasia Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in the European Union. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

The Europeanisation of Remedies and Procedures through Judge-Made Law

Johanna Engström
The Europeanisation of Remedies and Procedures through Judge Made Law Book PDF

Author : Johanna Engström
Publisher : Hart Publishing
Page : 688 pages
File Size : 45,9 Mb
Release : 2021-05-06
Category : Law
ISBN : 1849462496

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The Europeanisation of Remedies and Procedures through Judge-Made Law by Johanna Engström Pdf

This book provides a thorough overview and critical analysis of the European Court of Justice's case law on national remedies and procedures for the enforcement of EU law. It examines how and why such rules have been Europeanised through the application of the principle of effective judicial protection, which is the main rationale for the limitation put on national procedural autonomy. The book contains detailed analysis of how the requirement of effective protection has been understood in relation to a range of national remedies (right to damages, interim relief, judicial review and repayment of charges) and procedural rules (standing, evidence, legal aid, division of costs, time-limits, ex officio raising of issues and res judicata). The second half of the book looks at how the Swedish judiciary has responded to the European case law on effective judicial protection. Here what emerges is that national legal and judicial culture is of vital importance when it comes to national courts fulfilling their European mandate and rendering EU law effective. The author then asks whether, in light of this, the principle of effective judicial protection is a functional and effective tool to achieve the Europeanisation of remedies and procedures.

Standing to Enforce European Union Law before National Courts

Hilde K Ellingsen
Standing to Enforce European Union Law before National Courts Book PDF

Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 40,8 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781509937158

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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.

Judicial Remedies in the European Communities

Henry Schermers
Judicial Remedies in the European Communities Book PDF

Author : Henry Schermers
Publisher : Springer Science & Business Media
Page : 380 pages
File Size : 44,6 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401744164

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Judicial Remedies in the European Communities by Henry Schermers Pdf

Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.

Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection

Clelia Lacchi
Preliminary References to the Court of Justice of the European Union and Effective Judicial Protection Book PDF

Author : Clelia Lacchi
Publisher : Éditions Larcier
Page : 278 pages
File Size : 46,7 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.

Judicial Remedies in the European Communities

L. J. Brinkhorst,Henry G. Schermers
Judicial Remedies in the European Communities Book PDF

Author : L. J. Brinkhorst,Henry G. Schermers
Publisher : Springer
Page : 392 pages
File Size : 40,7 Mb
Release : 1977
Category : Law
ISBN : UCAL:B2848650

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Judicial Remedies in the European Communities by L. J. Brinkhorst,Henry G. Schermers Pdf

Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.

Directory of EU Case Law on the Preliminary Ruling Procedure

René Barents
Directory of EU Case Law on the Preliminary Ruling Procedure Book PDF

Author : René Barents
Publisher : Kluwer Law International B.V.
Page : 306 pages
File Size : 45,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131508

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Directory of EU Case Law on the Preliminary Ruling Procedure by René Barents Pdf

Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders - about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book. Dr Barents' very useful volume sorts paragraphs of the 700 judgments and orders by subject, making it easy to establish the relevance of a particular Community court ruling to a particular national court proceeding. In this book paragraphs of the judgments and orders are presented in the form of extracts sorted by subject. The subject headings are arranged according to a hierarchical system, descending from such overarching concepts as scope and participation to such precise categories as the following: situations outside the scope of community law; bodies not considered to be courts or tribunals; arbitration; third persons; rights of participants; formulation of preliminary questions; presumption of relevance of a preliminary reference; violation of the obligation to refer; requirement of a pending dispute; interim measures; modification of preliminary questions; questions rejected by the submitting court; new elements presented during the preliminary procedure; questions lacking precision; retroactive effects of judgments. Paragraphs of judgments relating to more than one subject are included under each relevant heading, where necessary accompanied by cross references to other headings. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the new method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam. There is no doubt that the book's technique of presenting case law in the form of separate extracts and summaries arranged by topic and sub-topic improves the accessibility of the material. This very practical, time-saving feature will be greatly appreciated by practitioners throughout Europe. This is a reference every European lawyer will want to have on hand.

The European Court of Justice

Gráinne De Búrca,Joseph Weiler
The European Court of Justice Book PDF

Author : Gráinne De Búrca,Joseph Weiler
Publisher : Oxford University Press, USA
Page : 266 pages
File Size : 45,5 Mb
Release : 2001
Category : Law
ISBN : 0199246017

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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.

Non-Judicial Remedies and EU Administration

Paola Chirulli,Luca De Lucia
Non Judicial Remedies and EU Administration Book PDF

Author : Paola Chirulli,Luca De Lucia
Publisher : Routledge
Page : 235 pages
File Size : 42,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9780429594403

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Non-Judicial Remedies and EU Administration by Paola Chirulli,Luca De Lucia Pdf

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Judicial Review in EU Law

Alexander H. Türk
Judicial Review in EU Law Book PDF

Author : Alexander H. Türk
Publisher : Edward Elgar Publishing
Page : 403 pages
File Size : 40,6 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.