National Courts And Eu Law

Author : Bruno de Witte
Publisher : Edward Elgar Publishing
ISBN 13 : 1783479906
Total Pages : 288 pages
Book Rating : 4.00/5 ( download)

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Download or read book National Courts and EU Law written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

Author : Bruno de Witte
Publisher :
ISBN 13 : 9781783479894
Total Pages : 0 pages
Book Rating : 4.92/5 ( download)

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Download or read book National Courts and EU Law written by Bruno de Witte and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

Author : Folkert Wilman
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718491
Total Pages : 656 pages
Book Rating : 4.97/5 ( download)

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Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

Author : Monika Domańska
Publisher : Taylor & Francis
ISBN 13 : 1000937348
Total Pages : 306 pages
Book Rating : 4.43/5 ( download)

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Download or read book National Courts and the Application of EU Law written by Monika Domańska and published by Taylor & Francis. This book was released on 2023-09-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.

Author : Anne Marie Slaughter
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311512
Total Pages : 442 pages
Book Rating : 4.11/5 ( download)

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Download or read book The European Court and National Courts written by Anne Marie Slaughter and published by Bloomsbury Publishing. This book was released on 1998-03-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.

Author : Christian N. K. Franklin
Publisher :
ISBN 13 : 9781780686554
Total Pages : 0 pages
Book Rating : 4.52/5 ( download)

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Download or read book The Effectiveness and Application of EU and EEA Law in National Courts written by Christian N. K. Franklin and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares and explains how the key European Union and European Economic Area legal principles of consistent interpretation are applied and developed by national courts in 12 different European Union and European Free Trade Association Member States.

Author : Krommendijk, Jasper
Publisher : Edward Elgar Publishing
ISBN 13 : 1800374178
Total Pages : 224 pages
Book Rating : 4.71/5 ( download)

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Download or read book National Courts and Preliminary References to the Court of Justice written by Krommendijk, Jasper and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.

Author : Xavier Groussot
Publisher :
ISBN 13 : 9789186107093
Total Pages : 141 pages
Book Rating : 4.97/5 ( download)

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Download or read book Empowering National Courts in EU Law written by Xavier Groussot and published by . This book was released on 2009 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937161
Total Pages : 296 pages
Book Rating : 4.65/5 ( download)

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Download or read book Standing to Enforce European Union Law before National Courts written by Hilde K Ellingsen and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

Author : Nina Półtorak
Publisher :
ISBN 13 : 9789041158635
Total Pages : 0 pages
Book Rating : 4.34/5 ( download)

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Download or read book European Union Rights in National Courts written by Nina Półtorak and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where there are rights granted by the EU law, there must be legal instruments serving their execution in national law. Because the main task of enforcing the provisions of EU law rests with the Member Statesè^-- institutions, ensuring the enforcement by national courts or administrative agencies of the rights of private entities is of particular importance.