Rethinking Access By Private Parties To The Court Of Justice Of The European Union

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Rethinking access by private parties to the Court of Justice of the European Union

Author : Patrícia Fragoso Martins
Publisher : Leya
Page : 128 pages
File Size : 44,5 Mb
Release : 2016-09-26
Category : Law
ISBN : 9789725405253

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Rethinking access by private parties to the Court of Justice of the European Union by Patrícia Fragoso Martins Pdf

This book corresponds in its core to my Ph.D dissertation which was submitted at the Catolica Global School of Law in October 2012 and discussed publicly in July 2013. Attention is drawn to the following methodological options: a) The dissertation includes apart from the main text, one table of cases, one table of legislation, one table of abbreviations, one table of correspondence, the abstract and the list of bibliographic references; b) Apart from the introduction and conclusion, the dissertation is divided in two main parts, each of them divided in three chapters; c) The numbering of the chapters is autonomous in each part; d) For the sake of simplification, clarity and consistency, all bibliographic references included in footnotes follow the same pattern: AUTHOR(S)' LAST NAME, Title (for books) or "Title" (for articles/working papers), year of publication, relevant page(s); e) Bibliographic references in the same footnote are indicated by chronological order (starting with the oldest), and in case of references of the same year by alphabetical order of the author(s)' name; f) Full bibliographic references may be found in the final list of references; g) Cases are referred to in the main text according to their short designation, and are identified in footnotes only the first time they are mentioned in the text; h) In footnotes, references to cases are included in full and said references may also be found in the table of cases; i) Cases are indicated in footnotes by chronological order following the corresponding number of process regardless of the court which decided them and the date of the final decision; j) All the CJEU's cases cited are available in the Court's website (www. curia.eu); k) Legal acts are referred to in short, with full reference being included in the table of legislation; l) The use of italics is restricted to words, sentences or quotations in foreign languages and/or to highlight concepts or ideas, and are therefore of the sole responsibility of the author; m) Quotations are made in the original language and identified in quotation marks; n) For the sake of simplification, the correspondence between the old and current numbering of the Treaty provisions is not made in the text. The reader should be aware of the Tables of Correspondence annexed to the Amsterdam and Lisbon Treaties. The book includes a table with the most cited provisions throughout the text; o) The academic research which grounded the dissertation was concluded around the end of the first semester of 2012. This Ph.D is the result of several years of committed academic research, some travelling (New York, London, Germany, Madrid and Luxembourg), hard working days and sleepless nights. Such work would not have been possible without the love and friendship of many people amongst family, friends and colleagues. Given the impossibility of naming all of them, a "collective" acknowledgment for their support is hereby due. I must thank in particular to Professor Rui Medeiros from Faculdade de Direito da Universidade Catolica Portuguesa, Professor Piet Eeckhout from University College London, and Professor Miguel Poiares Maduro from Instituto Universitario Europeo for their contribution, encouragement and patience throughout the process. Also, a word is due to the partners at Campos Ferreira, Sa Carneiro eamp; Associados for their endorsement in the publication of this book. Lastly, I owe a very special thank you to my parents for many years of hard parenting work (and not enough recognition), and to my husband, Miguel, for brightening up my days and making my life so much better. This book is dedicated to him and our daughter, Maria Clara, who was born in the meantime, and whose existence gave life a whole different meaning.

The EU Charter of Fundamental Rights in the Member States

Author : Michal Bobek,Jeremias Adams-Prassl
Publisher : Bloomsbury Publishing
Page : 632 pages
File Size : 40,8 Mb
Release : 2020-12-24
Category : Law
ISBN : 9781509940936

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The EU Charter of Fundamental Rights in the Member States by Michal Bobek,Jeremias Adams-Prassl Pdf

Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.

Great Judgments of the European Court of Justice

Author : William Phelan
Publisher : Cambridge University Press
Page : 279 pages
File Size : 50,8 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108499088

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Great Judgments of the European Court of Justice by William Phelan Pdf

Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.

Rethinking Judicial Jurisdiction in Private International Law

Author : Milana Karayanidi
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 46,6 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781509924790

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Rethinking Judicial Jurisdiction in Private International Law by Milana Karayanidi Pdf

This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.

Exceptions in EU Copyright Law

Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 55,5 Mb
Release : 2021-02-10
Category : Law
ISBN : 9789403524009

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Exceptions in EU Copyright Law by Tito Rendas Pdf

Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.

Preventive Justice

Author : Andrew Ashworth,Lucia Zedner
Publisher : OUP Oxford
Page : 310 pages
File Size : 54,5 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191021046

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Preventive Justice by Andrew Ashworth,Lucia Zedner Pdf

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Shifting Centres of Gravity in Human Rights Protection

Author : Oddný Mjöll Arnardóttir,Antoine Buyse
Publisher : Routledge
Page : 208 pages
File Size : 45,6 Mb
Release : 2016-02-26
Category : Law
ISBN : 9781317309109

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Shifting Centres of Gravity in Human Rights Protection by Oddný Mjöll Arnardóttir,Antoine Buyse Pdf

The protection of human rights in Europe is currently at a crossroads. There are competing processes which push and pull the centre of gravity of this protection between the ECHR system in Strasbourg, the EU system in Luxemburg and Brussels, and the national protection of human rights. This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law.

European Union Law for the Twenty-First Century: Volume 1

Author : Τάκης Τριδίμας,Paolisa Nebbia
Publisher : Hart Publishing
Page : 492 pages
File Size : 47,9 Mb
Release : 2004-10
Category : Law
ISBN : 9781841134567

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European Union Law for the Twenty-First Century: Volume 1 by Τάκης Τριδίμας,Paolisa Nebbia Pdf

"Papers presented in the 2003 WG Hart Workshop, which took place at the Institute of Advanced Legal Studies, London."--Foreword.

Constitutionalising the Security Union

Author : Sergio Carrera,Valsamis Mitsilegas
Publisher : Centre for European Policy Studies
Page : 160 pages
File Size : 46,5 Mb
Release : 2018-02-27
Category : Terrorism
ISBN : 9461386435

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Constitutionalising the Security Union by Sergio Carrera,Valsamis Mitsilegas Pdf

This book offers a multidisciplinary examination of the critical issues and challenges associated with the EU's initiative to build a Security Union, particularly in relation to common policies adopted at the member state level aimed at countering terrorism and crime. It delves into EU efforts to support cross-border investigations, the exchange of information and international cooperation, taking stock of the effects on freedom and privacy. The various authors in this collective volume offer key research findings, which contributed to the European Commission's 2017 Comprehensive Assessment of EU Security Policy. They identify and explore the main constitutional dilemmas facing the Security Union concerning EU standards enshrined in the Lisbon Treaty and the commitments undertaken in the context of the EU Better Regulation agenda. Hence, this timely examination of EU security policies sheds light on their effectiveness, proportionality, fundamental rights and societal implications.

European Union Law for the Twenty-First Century: Volume 1

Author : Takis Tridimas,Paolisa Nebbia
Publisher : Bloomsbury Publishing
Page : 492 pages
File Size : 53,6 Mb
Release : 2004-09-28
Category : Law
ISBN : 9781847311214

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European Union Law for the Twenty-First Century: Volume 1 by Takis Tridimas,Paolisa Nebbia Pdf

This book is based on contributions made to the WG Hart Workshop 2003. It contains articles by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and to contribute to the current debate on the European Constitution. The first volume concentrates on the themes of European Constitutionalism and EU external relations. It analyses the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of national parliaments, democracy in the EU, human rights, and the Court of Justice. It also contains articles on EU external relations covering, among others, enlargement, the common foreign and security policy, immigration and asylum policy, and the relations between the EU and the WTO.

Revisiting Judicial Politics in the European Union

Author : Mark Dawson,Bruno de Witte,Elise Muir
Publisher : Edward Elgar Publishing
Page : 389 pages
File Size : 53,6 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781035313518

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Revisiting Judicial Politics in the European Union by Mark Dawson,Bruno de Witte,Elise Muir Pdf

Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

The European Union and Human Rights

Author : Nanette A. Neuwahl,Allan Rosas
Publisher : BRILL
Page : 351 pages
File Size : 43,5 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482425

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The European Union and Human Rights by Nanette A. Neuwahl,Allan Rosas Pdf

International Judicial Practice on the Environment

Author : Christina Voigt
Publisher : Cambridge University Press
Page : 505 pages
File Size : 45,9 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108497176

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International Judicial Practice on the Environment by Christina Voigt Pdf

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Rethinking Nordic Courts

Author : Laura Ervo,Pia Letto-Vanamo,Anna Nylund
Publisher : Springer Nature
Page : 311 pages
File Size : 47,8 Mb
Release : 2021-08-01
Category : Law
ISBN : 9783030748517

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Rethinking Nordic Courts by Laura Ervo,Pia Letto-Vanamo,Anna Nylund Pdf

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.