Development of Judicial Control of the European Countries PDF Download

Author: G Bebr
Publisher: Martinus Nijhoff Publishers
ISBN: 9004637060
Category : Law
Languages : en
Pages : 840

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Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0199592977
Category : Law
Languages : en
Pages : 984

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Previous edition, 1st, published in 1999.

Author: Luis Miguel Poiares Pessoa Maduro
Publisher: Bloomsbury Publishing
ISBN: 1847317588
Category : Law
Languages : en
Pages : 647

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Book Description
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: Dinah Shelton
Publisher:
ISBN: 0199941521
Category : Law
Languages : en
Pages : 1116

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Book Description
What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? Regional Protection of Human Rights, Second Edition is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. Together, Regional Protection of Human Rights and its accompanying Documentary Supplement provide comprehensive access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.

Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 660

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Author: Stephen Weatherill
Publisher: Oxford University Press
ISBN: 0198748809
Category : Law
Languages : en
Pages : 721

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Book Description
This classic casebook provides a valuable selection of significant cases and legislation alongside an engaging range of carefully selected extracts, all of which are enhanced by insightful author notes in an easy-to-use and accessible format.

Author: Pekka Aalto
Publisher: Bloomsbury Publishing
ISBN: 1847318193
Category : Law
Languages : en
Pages : 212

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Book Description
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: Giuliano Amato
Publisher: Bloomsbury Publishing
ISBN: 150991742X
Category : Law
Languages : en
Pages : 587

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Book Description
The European Union celebrated its 60th anniversary in 2017, but celebrations were muted by Brexit and the growing sense of a crisis of identity. However, as this seminal work shows, the history and ambition of the European Union are considerable. Written by key stakeholders who, between them, acted as architects, adjudicators and arbitrators of the project, it presents the definitive history of the first two generations of the European Union. This book revisits the birth and consolidation of the great project of a united Europe and the political, institutional, judicial and economical frameworks of the European Union: from the process towards integration, to the advancements and the impasses in building a political union.

Author: Alastair R. Mowbray
Publisher: Oxford University Press, USA
ISBN: 0199206740
Category : Law
Languages : en
Pages : 1098

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Book Description
This second edition provides students with a selection of the leading jurisprudence, together with commentary, on the major rights enshrined in the European Convention of Human Rights. It also examines the creation of the Convention, and the role of the institutions and remedies available at the European level.

Author: Deirdre Curtin
Publisher: Routledge
ISBN: 1317990234
Category : Political Science
Languages : en
Pages : 228

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Book Description
The executive branch of government in Europe is being gradually transformed in several significant respects. First, executive power has been continuously strengthened at the EU level in the form of the European Commission, EU-level agencies and diplomatic and military staff in the Union Council secretariat. Second, EU executive bodies relate directly to (regulatory) authorities at the national level in charge of applying (and partly preparing) EU laws and programmes, partly circumventing ministerial departments. Thus, parts of national administrations become parts of an integrated and multi-level Union administration as well as parts of national executives. Such a system with multiple political masters raises delicate questions about political steering and accountability. This book focuses on this fascinating development both from a political science and a legal perspective, encompassing the consolidation of the supranational executive as well as its relationships with its ‘partners’ at the national level. This book was published as a special issue of West European Politics.