The Future Of The Judicial System Of The European Union

Author : Alan Dashwood,Angus C Johnston
Publisher : Hart Publishing
Page : 279 pages
File Size : 51,7 Mb
Release : 2001-05
Category : Law
ISBN : 9781841132419

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The Future of the Judicial System of the European Union by Alan Dashwood,Angus C Johnston Pdf

This volume outlines the major features of the controversies leading up to the Intergovernmental Conference, especially those related to the Court's Paper and the Working Party Report. The outcomes of these debates, as represented by the Nice agreements, are also considered. Major documents and the proceedings of a July 2000 conference at Churchill College are included. Distributed by ISBS. No index. c. Book News Inc.

Author : Alan Dashwood,Angus Charles Johnston
Publisher : Unknown
Page : 268 pages
File Size : 42,5 Mb
Release : 2001
Category : Court administration
ISBN : 147256233X

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The Future of the Judicial System of the European Union by Alan Dashwood,Angus Charles Johnston Pdf

Originating in a conference organised by the Centre for European Legal Studies (CELS), Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Hen.

Author : Emmanuel Guinchard,Marie-Pierre Granger
Publisher : Kluwer Law International B.V.
Page : 448 pages
File Size : 42,6 Mb
Release : 2016-12-15
Category : Law
ISBN : 9789041168405

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The New EU Judiciary by Emmanuel Guinchard,Marie-Pierre Granger Pdf

The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.

Author : Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen
Publisher : BRILL
Page : 275 pages
File Size : 49,7 Mb
Release : 2019-03-27
Category : Law
ISBN : 9789004367371

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The Future of EU Criminal Justice Policy and Practice by Jannemieke Ouwerkerk,Judit Altena,Jacob Öberg,Samuli Miettinen Pdf

In this book legal and criminological scholars offer advanced analyses of the exercise of the substantive criminal law competences of the EU.

Author : Henry G. Schermers,Denis F. Waelbroeck
Publisher : Kluwer Law International B.V.
Page : 922 pages
File Size : 54,5 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.

Author : Juliane Kokott
Publisher : Nomos Verlagsgesellschaft
Page : 328 pages
File Size : 40,7 Mb
Release : 2006
Category : Constitutional courts
ISBN : STANFORD:36105064204709

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The Future of the European Judicial System in a Comparative Perspective by Juliane Kokott Pdf

The future of the European judicial system and the constitutional role of the European courts were the topics of the 6th Colloquium of the European Constitutional Law Network (ECLN), which took place in Berlin in November 2005. It was jointly organized by the ECLN and the International Association of Constitutional Law (IACL). This book reflects the topics of the colloquium where judges from the European Courts and the highest national courts, and experts on European and Constitutional Law from all over the world exchanged experiences and developed concepts for future EU judicial architecture. Subjects like the composition of the courts, election procedures for the judges, and their relationship to the ordinary judiciary are compared, and the role of the ECJ in the European Judicial System is discussed.

Author : Avidan Kent,Nikos Skoutaris,Jamie Trinidad
Publisher : Routledge
Page : 284 pages
File Size : 55,7 Mb
Release : 2019-02-26
Category : Law
ISBN : 9780429872167

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The Future of International Courts by Avidan Kent,Nikos Skoutaris,Jamie Trinidad Pdf

The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.

Author : Gavin Barrett,Jean-Philippe Rageade,Diana Wallis,Heinz Weil
Publisher : Springer Nature
Page : 875 pages
File Size : 50,5 Mb
Release : 2021-05-12
Category : Law
ISBN : 9783030682538

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The Future of Legal Europe: Will We Trust in It? by Gavin Barrett,Jean-Philippe Rageade,Diana Wallis,Heinz Weil Pdf

With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : OUP Oxford
Page : 256 pages
File Size : 52,7 Mb
Release : 2011-06-09
Category : Law
ISBN : 9780191621901

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The European Court of Human Rights between Law and Politics by Jonas Christoffersen,Mikael Rask Madsen Pdf

The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

Author : Maria Fletcher,Ester Herlin-Karnell,Claudio Matera
Publisher : Routledge
Page : 518 pages
File Size : 40,7 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317573227

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The European Union as an Area of Freedom, Security and Justice by Maria Fletcher,Ester Herlin-Karnell,Claudio Matera Pdf

This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

Author : Karen Alter
Publisher : Oxford University Press
Page : 364 pages
File Size : 42,7 Mb
Release : 2010-06-17
Category : Law
ISBN : 9780199595143

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The European Court's Political Power by Karen Alter Pdf

Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development andcurrent concerns.Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, withthe critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains thatthe differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives.Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.

Author : Elizabeth Fisher,Jeff King,Alison Young
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 51,6 Mb
Release : 2020-03-26
Category : Law
ISBN : 9780198845249

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The Foundations and Future of Public Law by Elizabeth Fisher,Jeff King,Alison Young Pdf

Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

Author : Koen Lenaerts,Jean-Claude Bonichot,Heikki Kanninen,Caroline Naômé,Pekka Pohjankoski
Publisher : Bloomsbury Publishing
Page : 466 pages
File Size : 53,5 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781509923670

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An Ever-Changing Union? by Koen Lenaerts,Jean-Claude Bonichot,Heikki Kanninen,Caroline Naômé,Pekka Pohjankoski Pdf

Allan Rosas is one of the leading European Union jurists of his generation. His impact on the legal landscape of the EU has been immense. This collection brings together colleagues from the worlds of the judiciary, academia and practice to grapple with one of the key questions underpinning his contribution: is the trajectory of EU law one of ever-changing union? With essays exploring a range of topics from national identity and European construction to Brexit, this collection is a fitting tribute to an unrivalled EU law career.

Author : Elżbieta Kużelewska,Dariusz Kloza,Izabela Krasnicka,Franciszek Strzyczkowski
Publisher : Unknown
Page : 244 pages
File Size : 55,7 Mb
Release : 2014
Category : Courts
ISBN : 1780685238

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European Judicial Systems as a Challenge for Democracy by Elżbieta Kużelewska,Dariusz Kloza,Izabela Krasnicka,Franciszek Strzyczkowski Pdf

Author : Gisèle Vernimmen-Van Tiggelen,Laura Surano,Anne Weyembergh
Publisher : Université de Bruxelles
Page : 632 pages
File Size : 45,6 Mb
Release : 2009
Category : Criminal jurisdiction
ISBN : STANFORD:36105132883245

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Avenir de la Reconnaissance Mutuelle en Matière Pénale Dans L'Union Européenne by Gisèle Vernimmen-Van Tiggelen,Laura Surano,Anne Weyembergh Pdf

In the EU's fast-growing Area of Freedom, Security and justice, the principle of mutual recognition should play a key rote in the field of judicial cooperation in criminal matters. Since mutual recognition was enshrined as a cornerstone of judicial cooperation in the EU by the European Council of Tampere in 1999, an increasing number of binding instruments based on this principle have been adopted in the framework of the EU's Third Pillar. The considerable impact of those instruments on national criminal legal systems has often required a major effort by Member States in adjusting their national legislation so that it complies with the new mechanisms agreed at EU level. What are the real difficulties encountered by Member States in the transposition of these legislative texts into national law and, even earlier, when the texts are being negotiated within the Council of the EU? What tessons can be learned from the early years of their practical implementation by the competent judicial authorities? And, above ail, what will be the future rote and scope of the principle of mutual recognition in criminal matters in Europe? The entry into force of the Lisbon Treaty and the adoption of a new multi-annual programme (replacing the Hague Programme) to strengthen the EU's Area of Freedom, Security and Justice are both pending. In this crucial time of transition and uncertainty, the book seeks to provide answers to the above questions and many other related issues. Through its country by country approach covering the vast majority of the Member States, it intends to provide policymakers, practitioners, academics and researchers with a comprehensive analysis of the problems that have emerged and the solutions envisaged by each State in their implementation of mutual recognition instruments. The country chapters are followed by a final EU-wide analysis that seeks to identify common themes and obstacles and to consider future options and possible scenarios. The whole study, based on in-depth research combined with interviews conducted with hundreds of practitioners and experts from across the EU, amounts to a remarkable team performance carried out together with academics and researcher members of ECLAN (European Criminal Law Academic Network).