The Effectiveness Of The Köbler Liability In National Courts

Author : Zsófia Varga
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 52,6 Mb
Release : 2020-10-15
Category : Law
ISBN : 9781509939213

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The Effectiveness of the Köbler Liability in National Courts by Zsófia Varga Pdf

Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.

Author : Zsófia Varga
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 46,8 Mb
Release : 2020-10-15
Category : Law
ISBN : 9781509939206

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The Effectiveness of the Köbler Liability in National Courts by Zsófia Varga Pdf

Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.

Author : Clelia Lacchi
Publisher : Éditions Larcier
Page : 278 pages
File Size : 47,9 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 : Duncan Matthews,Paul Torremans
Publisher : Walter de Gruyter GmbH & Co KG
Page : 396 pages
File Size : 45,5 Mb
Release : 2023-10-04
Category : Law
ISBN : 9783110781717

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European Patent Law by Duncan Matthews,Paul Torremans Pdf

This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.

Author : Anthony Arnull,Damian Chalmers
Publisher : Oxford University Press
Page : 950 pages
File Size : 48,5 Mb
Release : 2015-07-23
Category : Law
ISBN : 9780191653056

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The Oxford Handbook of European Union Law by Anthony Arnull,Damian Chalmers Pdf

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Author : Zsófia Varga
Publisher : Bloomsbury Publishing
Page : 535 pages
File Size : 55,7 Mb
Release : 2024-03-07
Category : Law
ISBN : 9781509964918

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EU and EEA Law Litigation Before National Courts by Zsófia Varga Pdf

This book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts. It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings. The book is divided into six chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law principles, the topics are presented based on thorough analysis of the judgments rendered by those courts. The book's unique practical focus makes a great addition to the library of any national lawyer and EU law expert.

Author : Damian Chalmers,Gareth Davies,Giorgio Monti,Veerle Heyvaert
Publisher : Cambridge University Press
Page : 1233 pages
File Size : 49,7 Mb
Release : 2024-03-28
Category : Law
ISBN : 9781009230315

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European Union Law by Damian Chalmers,Gareth Davies,Giorgio Monti,Veerle Heyvaert Pdf

This book is for undergraduate and postgraduate students of EU law. It provides critical reflection by situating EU law in an unparalleled manner against its wider political and economic contexts and captures the significance of EU law by including contemporary topics that are not in traditional accounts of EU law.

Author : Bruno de Witte,Juan A. Mayoral,Urszula Jaremba,Marlene Wind,Karolina Podstawa
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 42,5 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 : Anonim
Publisher : Oxford University Press
Page : 273 pages
File Size : 49,5 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 9780198900108

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by Anonim Pdf

Author : Rónán Condon
Publisher : Cambridge University Press
Page : 241 pages
File Size : 53,8 Mb
Release : 2022-07-28
Category : Law
ISBN : 9781316512005

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Network Responsibility by Rónán Condon Pdf

A re-conceptualization of the normative frame of reference for contemporary tort law beyond the nation-state.

Author : Matthew Homewood
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 48,8 Mb
Release : 2020-08-06
Category : Electronic
ISBN : 9780198854999

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EU Law Concentrate by Matthew Homewood Pdf

EU Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level" - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The concentrate revision guides stand out against other revision guides" - Renae Haynes Williams, law student, Bangor University "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, Kings College London Online Resources Packed with essential information, key cases, revision tips, exam Q&As, and more, EU Law Concentrate is also supported by extensive online resources to take your learning further (www.oup.com/lawrevision/): - Pinpoint which areas you need to concentrate on with the diagnostic test - Test your knowledge with the multiple-choice questions and receive feedback on your answers - Improve your essay skills using the outline answers for guidance on what to include and how to structure your answer - Revise the facts and principles of key cases using the interactive flashcards - Learn the important terms and definitions using the interactive glossary - Check that you have covered the main points of a topic using the key facts checklists - Achieve better marks following the advice on revision and exam technique by experienced examiner Nigel Foster

Author : Ana Paula Dourado,Ricardo da Palma Borges
Publisher : IBFD
Page : 536 pages
File Size : 50,9 Mb
Release : 2008
Category : Direct taxation
ISBN : 9789087220365

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The Acte Clair in EC Direct Tax Law by Ana Paula Dourado,Ricardo da Palma Borges Pdf

This book discusses the legal issues arising from the search for certainty in the relationship between Community law and direct tax law. In addition, it contains an in-depth analysis of the CILFIT doctrine in action and its demand for legal certainty. By looking at both how the case law of the European Court of Justice (ECJ) in the area of direct taxation fits the CILFIT criteria (ECJ, 6 October 1982, case 283/81, Srl CILFIT and Gavardo SpA), and how such criteria are complied with by national courts, the book reviews and discusses the application in the field of direct taxation of the criteria put forward by the ECJ. The book highlights some of the current challenges faced by the EU judicial system in view of the expansion of EU law and its decentralized application at national level.

Author : Theodore Konstadinides
Publisher : Bloomsbury Publishing
Page : 200 pages
File Size : 52,5 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509916559

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The Rule of Law in the European Union by Theodore Konstadinides Pdf

This is a book about the internal dimension of the rule of law in the European Union (EU). The EU is a community based on law which adheres to and promotes a set of common values between the Member States. The preservation of these values (such as legality, legal certainty, prohibition of arbitrariness, respect for fundamental rights) is pivotal to the success of European integration and the well-being of the individuals within it. Yet, the EU rule of law suffers from an imposter syndrome and has been the subject of criticism: ie that it is only part of the EU agenda in order to legitimise sweeping new powers and policies, and that it plays little or no role in promoting a culture of compliance for either deviant EU Institutions or for Member States. This book will examine whether the EU rule of law deserves those criticisms. It will offer an analytical guide to the EU rule of law by conceptualising it and locating it within the sources of EU law. It will then ask whether the EU is based on the rule of law - a question which is answered in the affirmative, but one which has to be considered in the context of compliance and the overall effectiveness of the EU enforcement acquis. It is argued that while the EU means well in its aim to preserve unity in an increasingly diversified Europe, the extent to which it can pave the way to a better world (based on a transnational rule of law concept akin to good governance and improvement of citizens' lives) is dependent on the commitment of all European integration stakeholders to the EU project.

Author : Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Publisher : Bloomsbury Publishing
Page : 329 pages
File Size : 41,7 Mb
Release : 2022-12-15
Category : Law
ISBN : 9781509947966

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf

The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

Author : Fernanda Nicola,Bill Davies
Publisher : Cambridge University Press
Page : 661 pages
File Size : 45,7 Mb
Release : 2017-05-29
Category : Law
ISBN : 9781107118898

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EU Law Stories by Fernanda Nicola,Bill Davies Pdf

This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.