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The Court of the European Communities: New Dimension in International Adjudication

Author : Werner Feld

Publisher : Springer

Page : 135 pages

File Size : 40,3 MB

Release : 2012-12-06

Category : Law

ISBN : 9401194696

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Book Description

If the United States of Europe should become a reality in the future, it is highly probable that the Court of Justice of the European Communities, now sitting in Luxembourg, will be transformed into the supreme court of the new federation. Legal concepts and judicial traditions formed by the judges in Luxem bourg will then become a prominent part of the historical background of this new court. However, even now, during the process of economic intergration in Western Europe, the Court of the European Communities has been assuming an increasingly important role in the settlement of conflicts between economic and sometimes political interests. Moreover, through its more than hundred decisions, the Court has been developing a body of "European" case law which, in time, is likely to have favorable implications for the eventual political unification of Europe. This book is primarily intended as an introduction to the structure and functions of the Court of the European Communi ties. In this endeavor consideration has also been given to the forces and factors that might affect the judicial decisions of the Court and to the impact which such decisions might have upon economic enterprises and public policy in the Member states of the European Community, better known as the European Common Market.



Conflicts of Rights in the European Union

Author : Aida Torres Pérez

Publisher :

Page : 224 pages

File Size : 31,65 MB

Release : 2009

Category : Law

ISBN : 0199568715

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Book Description

Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.



European Communities

Author : John Paxton

Publisher : Transaction Publishers

Page : 218 pages

File Size : 15,47 MB

Release : 1992-01-01

Category : History

ISBN : 9781412822954

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Book Description

The establishment of the European Economic Community in 1958 was one of the most remarkable developments in the history of the post-World War II era. It aimed for nothing less than a complete economic union so that goods, people, and capital would be able to pass over national boundaries of member countries as freely as they move within any one country. As the Community's target date of 1992 for economic integration draws closer, the need for information, both current and historical, becomes more urgent. The aim of this annotated bibliography is to create a critical and descriptive list of books published mainly in English for businessmen and analysts, combining older publications with new. The literature on the EC is vast and issues The Community itself nearly 3000 publications a year. The range of material covered in this volume is distinguished by its great scope. Historical sections provide listings on the postwar years of economic recovery, the development of the EC, and biographies of the leading personalities involved. Policy-oriented sections encompass such subjects as labor, transportation, environment, energy, and education. The political ramifications of economic union, financial and fiscal affairs, relations between the EC and the Third World, and foreign relations in general are dealt with in separate sections. The volume concludes with a listing of major European Community publications. The sheer bulk of published material on the EC, much of it duplication, has made keeping up with its developments difficult for small and medium in Europe and elsewhere. This invaluable sourcebook will provide the business community and the political establishments with better access to EC information as they grapple with the implications of 1992.



Judicial Protection in the European Communities

Author : Henry Schermers

Publisher : Springer

Page : 510 pages

File Size : 44,60 MB

Release : 2013-11-11

Category : Law

ISBN : 9401744122

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Book Description

I. Purpose of the book § 1. The Court of Justice plays a significant role in the development of the European Communities, to some extent comparable with the role of the Supreme Court in the early years of the United States of America. Both are constitutional courts charged with the preservation and the development of the law in a new society. The powers of both are in fact limited by the 1 existing political situation. Each court plays a vital role in the protection of the individual against a vast and increasingly influential administration. In the present book the attempt is made to describe the nature of the ju dicial protection within the sphere of European Community law, that is available to individuals and undertakings as well as to the Member States. The study is heavily based on the case-law of the Court of Justice, which in principle is described rather than criticized, mainly for three reasons. (I) The author has great admiration for the Court of Justice and for the manner in which it operates. He considers that a detailed description of the Court's case-law portrays a fine legal system that is not susceptible to a great amount of fundamental criticism.



Judicial Remedies in the European Communities

Author : Henry Schermers

Publisher : Springer Science & Business Media

Page : 380 pages

File Size : 11,5 MB

Release : 2013-11-11

Category : Law

ISBN : 9401744165

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Book Description

Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.



The History and Growth of Judicial Review, Volume 2

Author : Steven G. Calabresi

Publisher : Oxford University Press

Page : 373 pages

File Size : 38,52 MB

Release : 2021

Category : Law

ISBN : 0190075732

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Book Description

"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--



Constitutional Law of the EU’s Common Foreign and Security Policy

Author : Graham Butler

Publisher : Bloomsbury Publishing

Page : 373 pages

File Size : 44,60 MB

Release : 2019-10-03

Category : Law

ISBN : 1509925961

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Book Description

The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo, ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020; Opinion of Advocate General Evgeni Tanchev, Case C-283/20, CO, ME, GC and 42 Others v MJ (Head of Mission), European Commission, European External Action Service (EEAS), Council of the European Union, Eulex Kosovo, ECLI:EU:C:2021:781, Court of Justice of the European Union (Fifth Chamber), 30 September 2021; and, Opinion of Advocate General Tamara Capeta in Joined Cases C-29/22 P and C-44/22 P, KS, KD v Council of the European Union, European Commission, and European External Action Service (EEAS), and European Commission v KS, KD, Council of the European Union, and European External Action Service (EEAS), ECLI:EU:C:2023:901, Court of Justice of the European Union (Grand Chamber), 23 November 2023.



Papers ...

Author : Conference on World Peace Through Law. World conference

Publisher :

Page : 676 pages

File Size : 19,96 MB

Release : 1965

Category :

ISBN :

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The Mimetic Evolution of the Court of Justice of the EU

Author : Leonardo Pierdominici

Publisher : Springer Nature

Page : 418 pages

File Size : 21,39 MB

Release : 2020-07-02

Category : Political Science

ISBN : 3030478645

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Book Description

This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.



The Rule of Law in European Integration

Author : Stuart A. Scheingold

Publisher : Quid Pro Books

Page : 362 pages

File Size : 39,52 MB

Release : 2013-07-17

Category : Law

ISBN : 1610272048

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Book Description

Classic book about the origins of the EU and its most significant, early economic disputes and judicial resolutions. Adds a new Foreword, 2013, by Malcolm Feeley (UC Berkeley). This pathbreaking book "remains the definitive analysis of the first crucial decade of the formulation of the Constitution of Europe by at the time a little-known court. It must be read by all serious scholars of European integration." -- Malcolm M. Feeley (University of California at Berkeley), from the new Foreword. In the early days of what would become the European Union, the new entity had a weak and ill-defined legislature and executive. And the European Court of Justice, whose decisions, actions, and even inactions subtly paved the way to a continent's integration. "Scheingold showed that its efforts, deftly melding law and politics, were a success beyond mere dispute-resolution and development of legal doctrine," writes Feeley. "He was well aware that he was present at the creation of a powerful new institution. Yet he stood virtually alone in seeing what such an institution, using its power this way, could realize in terms of political integration. The resulting book was a masterpiece." The formative years of the EU relied on consensus and legal processes, and an emerging, agile Court--but not on the predictable analogy to federalization as in U.S. Constitutional law--to evolve integration and respect for a higher authority than national law. Scheingold reveals these insights by examining political activity with his in-the-trenches research more than by the customary analysis of doctrine. Presented in a modern digital presentation (and a new, affordable paperback with updated formatting), adding the new Foreword, this book is part of the Classics of Law & Society Series from Quid Pro Books. It embeds the original pagination, to enhance referencing and citations from previous printings and to allow continuity with the new print edition. Other quality Quid Pro digital features include linked endnotes, active Table of Contents, all the tables, index, and bibliographical references of the original, and proper ebook formatting.