The Relationship Between European Community Law And National Law

Author : Andrew Oppenheimer
Publisher : Cambridge University Press
Page : 1042 pages
File Size : 46,6 Mb
Release : 1994-10-27
Category : Law
ISBN : 0521472962

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The Relationship Between European Community Law and National Law by Andrew Oppenheimer Pdf

This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.

Author : Andrew Oppenheimer
Publisher : Unknown
Page : 973 pages
File Size : 49,7 Mb
Release : 1994
Category : Law
ISBN : OCLC:1000951856

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The Relationship Between European Community Law and National Law by Andrew Oppenheimer Pdf

Author : Trevor C. Hartley
Publisher : Oxford University Press, USA
Page : 536 pages
File Size : 46,9 Mb
Release : 2007
Category : Law
ISBN : 9780199290352

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The Foundations of European Community Law by Trevor C. Hartley Pdf

Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.

Author : Martti Koskenniemi
Publisher : Martinus Nijhoff Publishers
Page : 346 pages
File Size : 42,5 Mb
Release : 1998
Category : Law
ISBN : 9041104887

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International Law Aspects of the European Union by Martti Koskenniemi Pdf

The debate about the relationship between international and community law usually centres on the question of which of these two 'belongs' to the other, and how 'special' community legal order is in relation to international law. In this volume, a distinguished group of Finnish and British academics and practitioners break new ground by, instead of becoming mired in these questions, clearly examining the international law aspects of the activities of the Community and the Union. In doing so, they have elucidated points of connection and possible points of conflict. The result is a thought-provoking collection of essays which examines community law through the conceptual grid of international law, and thus enriches our understanding of the workings of both.

Author : Enzo Cannizzaro,Paolo Palchetti,Ramses A. Wessel
Publisher : Martinus Nijhoff Publishers
Page : 428 pages
File Size : 52,9 Mb
Release : 2011-10-28
Category : Political Science
ISBN : 9789004215528

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International Law as Law of the European Union by Enzo Cannizzaro,Paolo Palchetti,Ramses A. Wessel Pdf

Recent developments in both the EU and the global legal order call for a reassessment of the role of international law within the European Union. International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union. Recent case law of the European Court of Justice prompted both scholars and practitioners to reconsider the relationship between EU law and international law. This volume reveals the practical development and consequences of this relationship, and places it in a conceptual framework by pointing to key arguments in the current debate. International Law as Law of the European Union thus forms an essential guide for academics, students and practitioners interested in the impact of new case law and conceptual thinking on the relationship between EU and international law.

Author : Bernard Stirn
Publisher : Oxford University Press
Page : 200 pages
File Size : 43,9 Mb
Release : 2017-04-14
Category : Law
ISBN : 9780192506610

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Towards a European Public Law by Bernard Stirn Pdf

A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.

Author : Giuseppe Martinico,Oreste Pollicino
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 55,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781005668

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The Interaction Between Europe's Legal Systems by Giuseppe Martinico,Oreste Pollicino Pdf

This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.

Author : Ulf Bernitz,Joakim Nergelius,Swedish Network for European Legal Studies,Lunds universitet. Juridiska fakulteten
Publisher : Springer
Page : 264 pages
File Size : 54,7 Mb
Release : 2000-11-08
Category : Law
ISBN : STANFORD:36105060772782

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General Principles of European Community Law by Ulf Bernitz,Joakim Nergelius,Swedish Network for European Legal Studies,Lunds universitet. Juridiska fakulteten Pdf

Future, A.G. Toth

Author : Jean Knödel
Publisher : GRIN Verlag
Page : 53 pages
File Size : 50,8 Mb
Release : 2009-05-29
Category : Electronic
ISBN : 9783640334100

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Relationship Between the European Court of Justice (ECJ) and the National Constitutional Courts of the Member States with Respect to Control of Legislative Competences of the European Union by Jean Knödel Pdf

Seminar paper from the year 2008 in the subject Politics - International Politics - Topic: European Union, grade: 1,7, University of Hamburg (Master of Arts European Studies), course: Introduction to the System of the EU, language: English, abstract: A clarification of the conditions between the European Court of Justice (ECJ) and the Constitutional Courts of the Member States is of particular importance to ensure the effectiveness of the Community law. The ECJ as the body of jurisdiction has to show due regard for the protection of Community law. Hence it is jointly responsible for the existence of the European Community (EC) as a community based on law as well as for the progress of European integration. In this regard, it is essential if the relation between the ECJ and the national courts is clearly definable or if the latter claim intersecting auditing authorities for its own. As a consequence of an ambiguous allocation of rights and duties, the Community law could be deprived of its effectiveness by conflicting judgments of the national courts, which have been implemented within the Member States. The aim of this paper is to examine the relationship between the ECJ and the National Constitutional Courts with regard to possible cleavages. The question behind the following is, if the national courts can be referred to as the 'underdogs' of the European integration. Therefore, the GFCC is cited as an example.

Author : Eric E. Bergsten
Publisher : Springer Science & Business Media
Page : 151 pages
File Size : 55,6 Mb
Release : 2013-12-01
Category : Law
ISBN : 9789401505031

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Community Law in the French Courts by Eric E. Bergsten Pdf

The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.

Author : Academy of European Law
Publisher : Kluwer Law International B.V.
Page : 390 pages
File Size : 53,9 Mb
Release : 2001-05-23
Category : Law
ISBN : 9789041115799

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Collected Courses of the Academy of European Law:1997 European Community Law by Academy of European Law Pdf

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Author : N. MacCormick
Publisher : Springer Science & Business Media
Page : 169 pages
File Size : 46,8 Mb
Release : 2013-06-29
Category : Law
ISBN : 9789401711524

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Constructing Legal Systems: "European Union" in Legal Theory by N. MacCormick Pdf

Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.

Author : Josephine Shaw
Publisher : Palgrave
Page : 404 pages
File Size : 52,6 Mb
Release : 1993
Category : Law
ISBN : UOM:35112200456699

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European Community Law by Josephine Shaw Pdf

Author : Dorota Leczykiewicz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 492 pages
File Size : 46,9 Mb
Release : 2013-03-12
Category : Law
ISBN : 9781782251040

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The Involvement of EU Law in Private Law Relationships by Dorota Leczykiewicz,Stephen Weatherill Pdf

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Author : Klaus-Dieter Borchardt
Publisher : Luxembourg : Office for Official Publications of the European Communities
Page : 78 pages
File Size : 54,7 Mb
Release : 1994
Category : Law
ISBN : UOM:39015041282669

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The ABC of Community Law by Klaus-Dieter Borchardt Pdf