Book Description
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.
Author : Fernanda Nicola
Publisher : Cambridge University Press
Page : 661 pages
File Size : 46,70 MB
Release : 2017-05-29
Category : Law
ISBN : 1107118891
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.
Author : Pauline Stephanie Phoa
Publisher : Europa Law Publishing
Page : 308 pages
File Size : 45,48 MB
Release : 2021-12-23
Category :
ISBN : 9789462512788
All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating. The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American 'Law and Literature' scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of 'self' and 'other.' The synthesis of two case studies (on economically inactive EU citizens' access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.
Author : Luis Miguel Poiares Pessoa Maduro
Publisher : Bloomsbury Publishing
Page : 532 pages
File Size : 31,12 MB
Release : 2010-02-05
Category : Law
ISBN : 1847315631
This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
Author : Fernanda Nicola
Publisher : Cambridge University Press
Page : 661 pages
File Size : 33,95 MB
Release : 2017-05-29
Category : Law
ISBN : 1108210562
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
Author : Päivi Leino-Sandberg
Publisher :
Page : 0 pages
File Size : 33,49 MB
Release : 2021
Category :
ISBN : 9781108828437
Author : William Phelan
Publisher : Cambridge University Press
Page : 279 pages
File Size : 33,57 MB
Release : 2019-06-13
Category : Law
ISBN : 1108499082
Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
Author : Justine Lacroix
Publisher : OUP Oxford
Page : 432 pages
File Size : 15,31 MB
Release : 2010-11-11
Category : Political Science
ISBN : 0199594627
How is the European Union framed in national intellectual debates? How is the evolving polity conceived? In answer to these questions, European Stories develops a comparison between intellectual narratives of European integration across twelve national cases in order to offer a wide range of contrasting intellectual contexts.
Author : Dimitris Liakopoulos
Publisher : GRIN Verlag
Page : 314 pages
File Size : 16,46 MB
Release : 2021-11-10
Category : Law
ISBN : 3346535460
Scientific Study from the year 2021 in the subject Law - Comparative Legal Systems, Comparative Law, grade: PHD, , language: English, abstract: This work seeks to give insights into some very important issues that aim to give light to open legal discussions and above all the role of the Court of Justice of the European Union (CJEU) in the evolution of Union criminal law. In particular, the influence of CJEU as an inter partes court continues with another research, which is inspired and aims to analyze the limitations, derogations, and proposals affixed to the right of personal's data protection in the light of recent legislative and jurisprudential developments, made especially in the legislative context of EU and European Council. The work continues and focuses on the jurisprudential analysis of some fundamental principles that reign in every national penal system in relation to EU system. It continues with an examination of a limited profile that is seen to be faced with a fundamental principle, the right to freely express one's thoughts, defined as the cornerstone of the democratic order, with new forms of aggression and new forms of protection, both capable, in the absence of a careful balance, to compress the fundamental freedoms of the citizen. It continues with the choice to anticipate the presentation of three cases actually subject to scrutiny by the judicial courts from the technical-legal viewpoint is dictated by the fact that from their reading it emerges which are the most significant problems with regard to ascertaining responsibility for sexual crimes. Another paper is concentrated on the analysis of the civil forfeiture; is a judicial non-conviction-based confiscation, independent of the criminal proceedings and a conviction that is applied by a judge to the outcome of a judicial procedure of essentially civil nature. The autors continue their research with another paper who tries to investigate and analyze new crimes such as sexting, cyberbullying and bulling in a comparative way. Cyberbulism is in fact a term which includes a vast range of different behaviors, which many times do not cover criminal figures punishable by any criminal code at national or international level. The last work seeks to examine a last case that has dealt with the ICJ recently, particularly the situation between Gambia v. Myanmar.
Author : Paul P. Craig
Publisher : Oxford University Press, USA
Page : 952 pages
File Size : 42,39 MB
Release : 1999
Category : Law
ISBN :
The European Community has been in existence for forty years. This period has seen considerable change and development in both the institutional and the substantive law of the EC -- and more recently the EU. Numerous works on EC law have been published over the years, ranging from textbooks, to specialist monographs, to collections of essays on particular aspects of Community jurisprudence. This, however, is the first work which seeks to stand back from the ever-growing detail of Community law, and examine this jurisprudence from an evolutionary and interdisciplinary perspective. Every important area of institutional and substantive European law is covered -- leading lawyers analyse the evolution of their area of expertise across time, bringing out the major thematic changes which have occurred.These changes are then viewed against the broader political and economic background of the Community as a whole. This book will give readers a clearer understanding of the overalllegal picture, and will also allow them to gain a richer perspective on the interaction between law and other forces which have shaped the Community and made it what it is today.
Author :
Publisher :
Page : 486 pages
File Size : 36,20 MB
Release : 2014
Category : Research
ISBN :