The Europeanisation Of Remedies And Procedures Through Judge Made Law

Author : Johanna Engström
Publisher : Hart Publishing
Page : 688 pages
File Size : 47,5 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.

Author : René Barents
Publisher : Kluwer Law International B.V.
Page : 1050 pages
File Size : 40,6 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.

Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 40,5 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.

Author : Paula Giliker
Publisher : Bloomsbury Publishing
Page : 264 pages
File Size : 55,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253792

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The Europeanisation of English Tort Law by Paula Giliker Pdf

Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

Author : Pekka Aalto
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 48,6 Mb
Release : 2011-11-01
Category : Law
ISBN : 9781847318459

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Public Liability in EU Law by Pekka Aalto Pdf

Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

Author : Paul Craig,Gráinne de Búrca
Publisher : Oxford University Press
Page : 984 pages
File Size : 55,7 Mb
Release : 2011-02-17
Category : Law
ISBN : 9780199592975

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The Evolution of EU Law by Paul Craig,Gráinne de Búrca Pdf

Previous edition, 1st, published in 1999.

Author : Bjarte Thorson
Publisher : Springer
Page : 395 pages
File Size : 50,9 Mb
Release : 2016-06-25
Category : Law
ISBN : 9783319327716

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Individual Rights in EU Law by Bjarte Thorson Pdf

This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.

Author : Hanna Schebesta
Publisher : Springer
Page : 235 pages
File Size : 52,7 Mb
Release : 2015-12-16
Category : Law
ISBN : 9783319236124

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Damages in EU Public Procurement Law by Hanna Schebesta Pdf

The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

Author : Florian Trauner,Ariadna Ripoll Servent
Publisher : Routledge
Page : 265 pages
File Size : 41,8 Mb
Release : 2014-10-30
Category : Political Science
ISBN : 9781317660460

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Policy change in the Area of Freedom, Security and Justice by Florian Trauner,Ariadna Ripoll Servent Pdf

The EU plays an increasingly important role in issues such as the fight against organised crime and the management of migration flows, transforming the Area of Freedom, Security and Justice (AFSJ) into a priority of the EU’s political and legislative agenda. This book investigates whether institutional change - the gradual communitarisation of the AFSJ - has triggered policy change, and in doing so, explores the nature and direction of this policy change. By analysing the role of the EU’s institutions in a systematic, theory-informed and comparative way, it provides rich insights into the dynamics of EU decision-making in areas involving high stakes for human rights and civil liberties. Each chapter contains three sections examining: the degree of policy change in the different AFSJ fields, ranging from immigration and counter-terrorism to data protection the role of EU institutions in this process of change a case study determining the mechanisms of change. The book will be of interest to practitioners, students and scholars of European politics and law, EU policy-making, security and migration studies, as well as institutional change.

Author : Magnus Strand,Ignacio García-Perrote Martínez
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 51,9 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781803922485

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The Passing-On Problem in Damages and Restitution under EU Law by Magnus Strand,Ignacio García-Perrote Martínez Pdf

‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

Author : Tanja A. Borzel,Thomas Risse
Publisher : Routledge
Page : 200 pages
File Size : 45,7 Mb
Release : 2020-11-25
Category : Political Science
ISBN : 9781000155679

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From Europeanisation to Diffusion by Tanja A. Borzel,Thomas Risse Pdf

This book provides a comprehensive account of the extent to which policies and institutions of the European Union (EU) spread across different contexts. Are the EU’s attempts to transfer its policies and institutions to accession and neighbourhood countries sustainable and effective? To what degree do other regions of the world emulate the EU’s institutional features, what are the mechanisms of, and conditions for, their diffusion? Chapters deal with Europeanization in the new EU member states, particularly in Romania and Bulgaria, in current accession candidates, i.e. the Western Balkans and Turkey, as well the Eastern (Southern Caucasus) and Southern Neighbourhood (Israel and the Maghreb). In addition, authors investigate the diffusion of EU policies and institutions in Sub-Saharan Africa, Asia, and Latin America. The authors place Europeanization studies in the wider context of research on transnational diffusion, and examine the relevant mechanisms and processes, including incentives and capacity-building, socialization and learning as well as functional and normative emulation. Finally, the book discusses what conditions lead to the successful diffusion of European institutions and policies, such as domestic incentives, degrees of (limited) statehood, regime type, and power (a)symmetries. This book was originally published as a special issue of West European Politics.

Author : Anonim
Publisher : Edinburgh Student Law Revie
Page : 110 pages
File Size : 41,9 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 8210379456XXX

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Edinburgh Student Law Review - Issue 3 Europeanisation by Anonim Pdf

Author : Kramer, Xandra,Hoevenaars, Jos,Kas, Betül,Themeli, Erlis
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 42,6 Mb
Release : 2022-08-18
Category : Law
ISBN : 9781802203820

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Frontiers in Civil Justice by Kramer, Xandra,Hoevenaars, Jos,Kas, Betül,Themeli, Erlis Pdf

This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 48,5 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Author : Claire Kilpatrick,Tonia Novitz,Paul Skidmore
Publisher : Bloomsbury Publishing
Page : 346 pages
File Size : 48,6 Mb
Release : 2000-12-05
Category : Law
ISBN : 9781847311641

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The Future of Remedies in Europe by Claire Kilpatrick,Tonia Novitz,Paul Skidmore Pdf

Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications,roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe. This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors' aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims. Contributors: Claire Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro, Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil Syrpis, Tonia Novitz, Richard Rawlings.