The Efta Court

Author : Carl Baudenbacher,Per Tresselt,Thorgeir Orlygsson
Publisher : Bloomsbury Publishing
Page : 231 pages
File Size : 40,6 Mb
Release : 2005-08-19
Category : Law
ISBN : 9781847310125

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The EFTA Court by Carl Baudenbacher,Per Tresselt,Thorgeir Orlygsson Pdf

On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of free movement and national or collective preferences on the EU/EEA and WTO levels, the relationship between the European courts and the Member States in European integration, homogeneity as a general principle of European integration, and the importance of judicial dialogue. In this regard, the sentence from President Skouris of the Court of Justice of the European Communities, who called the dialogue between the EFTA Court and the EC Court 'a shining example of judicial cooperation', could also serve as a motto for the present book.

Author : EFTA Court
Publisher : Bloomsbury Publishing
Page : 788 pages
File Size : 53,7 Mb
Release : 2014-11-27
Category : Law
ISBN : 9781782255253

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The EEA and the EFTA Court by EFTA Court Pdf

The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.

Author : Efta Court
Publisher : Hart Publishing Limited
Page : 596 pages
File Size : 42,6 Mb
Release : 2017-01-26
Category : Electronic
ISBN : 1509913858

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The EEA and the EFTA Court by Efta Court Pdf

The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission andthe EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.

Author : Carl Baudenbacher,Per Tresselt,Øorgeir Örlygsson
Publisher : Unknown
Page : 213 pages
File Size : 48,6 Mb
Release : 2005
Category : Foreign trade regulation
ISBN : 1472563409

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The EFTA Court by Carl Baudenbacher,Per Tresselt,Øorgeir Örlygsson Pdf

On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of fre.

Author : Carl Baudenbacher
Publisher : Springer
Page : 859 pages
File Size : 47,8 Mb
Release : 2015-12-11
Category : Law
ISBN : 9783319243436

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The Handbook of EEA Law by Carl Baudenbacher Pdf

This Handbook comprehensively addresses the breadth of law encompassed by the EEA Agreement, which extends the European Union’s Single Market to three EFTA countries: Iceland, Liechtenstein and Norway. The Handbook is first and foremost intended for practitioners and legal scholars, but its approachable style makes it readily accessible for students. The Handbook provides the reader with a thorough grounding in the EEA Agreement, detailing how secondary EU law becomes applicable in the EFTA pillar, and the roles played by the EFTA Surveillance Authority and the EFTA Court. It considers the EEA Agreement from the respective perspectives of the national authorities, courts, and the legal professions of Iceland, Liechtenstein and Norway. The book meticulously examines substantive EEA law, beginning with the general principles and the four freedoms, through competition law and State aid to such aspects as the precautionary principle, tax law and mutual administrative and legal assistance. Emphasis is placed on jurisprudence and especially that of the EFTA Court. Each chapter has been written by a judge, noted practitioner or eminent academic in their respective fields and the book is divided into twelve parts: Part I History and main features of the EEA Agreement Part II Genesis of EEA Law Part III Institutions and Procedure Part IV National Authorities in the EFTA Pillar Part V National Courts in the EFTA Pillar Part VI The Practicing Bar in the EFTA Pillar Part VII General Principles and Prohibition Part VIII The Fundamental Freedoms Part IX Competition Law and Related Matters Part X Further Areas of Economic Law Part XI Law of Natural and Economic Resources Part XII Social Protection and Public Health

Author : Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang
Publisher : Studies on International Courts and Tribunals
Page : 547 pages
File Size : 49,9 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781108424479

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The Legitimacy of International Trade Courts and Tribunals by Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang Pdf

2.2 Procedural Rules and Issues

Author : Carl Baudenbacher
Publisher : German Law Pubs
Page : 168 pages
File Size : 49,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 3941389041

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The EFTA Court in Action by Carl Baudenbacher Pdf

The book is based on lectures the author gave at the University of Iceland School of Law in 2009. Its aim is to explain the working and the case law of the EFTA Court in view of its embeddedness in the institutional framework of the Agreement on the European Economic Area. Although Europe is a special case with regard to the judicialisation of law, Baudenbacherâ??s insight and his conclusions may contribute to a better understanding of the functioning of international courts in general.

Author : Carl Baudenbacher
Publisher : Springer
Page : 251 pages
File Size : 55,5 Mb
Release : 2017-10-24
Category : Law
ISBN : 9783319451893

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The Fundamental Principles of EEA Law by Carl Baudenbacher Pdf

This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.

Author : Carl Baudenbacher,EFTA Court
Publisher : Unknown
Page : 117 pages
File Size : 43,9 Mb
Release : 2008
Category : Electronic
ISBN : OCLC:681480815

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EFTA Court by Carl Baudenbacher,EFTA Court Pdf

Author : Carl Baudenbacher
Publisher : Springer
Page : 520 pages
File Size : 51,7 Mb
Release : 2019-01-30
Category : Law
ISBN : 9783030023089

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Judicial Independence by Carl Baudenbacher Pdf

This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

Author : Anonim
Publisher : Unknown
Page : 182 pages
File Size : 47,9 Mb
Release : 2000
Category : Electronic
ISBN : OCLC:918371208

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EFTA Court Texts Relating to Organization, Jurisdiction and Procedure of the Court by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 110 pages
File Size : 52,9 Mb
Release : 2004
Category : Law
ISBN : 3923754884

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The EFTA Court by Anonim Pdf

Author : Carl Baudenbacher
Publisher : German Law Pubs
Page : 239 pages
File Size : 49,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 3941389106

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Judicial Protection in the European Economic Area by Carl Baudenbacher Pdf

The volume contains the speeches of the international conference hosted by the EFTA Court on 17 June 2011 on 'Judicial Protection in the European Economic Area'. The volume documents not only the outstanding contributions made but also the discussions and thereby bears witness to the lively atmosphere at the conference. It is meant as an input to the current discussion on the accomplishments, problems and future of the EEA Agreement.

Author : Christian N. K. Franklin
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2018
Category : Antologier
ISBN : 1780686552

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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.

Author : M. Elvira Méndez-Pinedo
Publisher : Europa Law Publishing
Page : 364 pages
File Size : 45,7 Mb
Release : 2009
Category : Law
ISBN : 908952066X

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EC and EEA Law by M. Elvira Méndez-Pinedo Pdf

The effectiveness of European Community (EC) law and the way it is enforced in order to assure the judicial protection of individuals penetrating into the national legal orders is probably the most distinguishing feature of this unique legal order, in contrast with classic international law. By now, this principle and doctrine created by the European Court of Justice has become part of the European legal order with general acceptance in all EU countries. By contrast, the effectiveness of European Economic Area (EEA) law, and the way this other even more sui generis legal system provides comparable rights for European Free Trade Association (EFTA)-EEA citizens, is a silent revolution brought by the EFTA Court that has not been properly researched and exposed in the field of European law. This book summarizes and explains the basic principles governing the relationship between EEA law and the national legal systems, while searching for similarities and differences with EC law. The research questions explored in this collection include: How does EEA law achieve supremacy over national laws? Does EEA law have direct applicability? Can we speak, under some circumstances, of a sort of direct effect of EEA law? Can EEA law be defined as having "quasi" primacy and "quasi" direct effect? What about the indirect effect of EEA law (duty of consistent interpretation)? Last but not least, does the doctrine of State liability for breaches of EC law apply to EEA law? If so, what are the differences between the two legal orders? These questions are explored from a European perspective in order to help understand the effectiveness of European law, the special relationship between the Community/EEA legal orders with the national legal systems when the enforcement of European rights, and that the judicial protection of individuals are at stake.