European Court Procedure

European Court Procedure PDF Author: Viktor Luszcz
Publisher: Bloomsbury Publishing
ISBN: 1782252657
Category : Law
Languages : en
Pages : 779

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Book Description
“More than just another new theoretical study, this book really is a practical and useful tool that I sincerely recommend." From the foreword by Mr Marc van der Woude, President of the General Court of the European Union The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties. The book is thus a comprehensive reference tool for practising lawyers and helps them present their cases effectively, while at the same time offering valuable guidance to national judges dealing with cases raising points of EU law. Moreover, it provides insights into the reasoning process of the EU Courts, which will be of interest to scholars in the field, and is built around a structure that facilitates its use as a teaching material.

European Court Procedure

European Court Procedure PDF Author: Viktor Luszcz
Publisher: Bloomsbury Publishing
ISBN: 1782252657
Category : Law
Languages : en
Pages : 779

Get Book

Book Description
“More than just another new theoretical study, this book really is a practical and useful tool that I sincerely recommend." From the foreword by Mr Marc van der Woude, President of the General Court of the European Union The new Rules of Procedure of the General Court, in force as of 2015, as well as the reform of the General Court and the re-establishment of a two-tier EU judiciary in September 2016 are the last bricks in the post-Lisbon legal structure governing litigation before the EU Courts. This work covers the already sizeable case-law developed after the completion of these reforms and explains the changes in the Courts' practice entailed by them. Written by experienced EU Court and Commission insiders, it gives a detailed and practice-oriented overview of the whole spectrum of litigation procedure before the EU judiciary. It also presents the entire system of judicial avenues that enable litigants to enforce their rights under EU law against European institutions, Member States or private parties. The book is thus a comprehensive reference tool for practising lawyers and helps them present their cases effectively, while at the same time offering valuable guidance to national judges dealing with cases raising points of EU law. Moreover, it provides insights into the reasoning process of the EU Courts, which will be of interest to scholars in the field, and is built around a structure that facilitates its use as a teaching material.

Remedies and Procedures Before the EU Courts

Remedies and Procedures Before the EU Courts PDF Author: René Barents
Publisher: Kluwer Law International B.V.
ISBN: 9403511141
Category : Law
Languages : en
Pages : 1050

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Book Description
The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation likely to arise. From foundations and principles to specific issues regarding the assignment of cases, preliminary rulings, rules on evidence, annulment, illegality, failure to act, pleas, judgments and orders, appeal and much more, the book covers all essential elements of Court of Justice of the European Union procedure, including the following: division of competences between the Union courts; admissibility; rules regarding anonymity; service of documents; setting and extension of time limits, hearings, witnesses and experts; deposit and recovery of sums; application of competition rules, rules on state aid and rules on trade protection; rules in cases concerning intellectual property rights; rules in actions brought on the basis of an arbitration agreement; rules governing access to documents; languages; legal aid; interim measures; damages; expedited procedures; and scope of the rules on costs. Any lawyer seeking appropriate remedies in any case before the European Union courts will benefit enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.

Taking a Case to the European Court of Human Rights

Taking a Case to the European Court of Human Rights PDF Author: Philip Leach
Publisher: Oxford University Press, USA
ISBN: 0199585024
Category : Law
Languages : en
Pages : 695

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Book Description
Previous editions published : 2nd (2005) and 1st (2001).

Preliminary References to the European Court of Justice

Preliminary References to the European Court of Justice PDF Author: Morten Broberg
Publisher: Oxford University Press
ISBN: 019870402X
Category : Law
Languages : en
Pages : 578

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Book Description
This book provides a detailed examination of the law and practice of the preliminary reference procedure in EU law. It is designed to be of practical use in litigation and case preparation.

Civil Procedure in the European Union

Civil Procedure in the European Union PDF Author: Carlo Rasia
Publisher: Kluwer Law International B.V.
ISBN: 9403503963
Category : Law
Languages : en
Pages : 370

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in the European Union. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

The European Court of Justice

The European Court of Justice PDF Author: K. P. E. Lasok
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 496

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Book Description
Recoge: 1.The Court as an institution -- 2.General outline of procedure -- 3.Parties -- 4.Representation and legal aid -- 5.Intervention -- 6.Procedural issues -- 7.Admissibility -- 8.Interim relief -- 9.Pleading -- 10.Evidence -- 11.Costs -- 12.Judgments and decisions of the court -- 13.Forms of action.

Preliminary References to the European Court of Justice

Preliminary References to the European Court of Justice PDF Author: Morten P. Broberg
Publisher: Oxford University Press, USA
ISBN: 0199565074
Category : Law
Languages : en
Pages : 550

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Book Description
Analysis of the Court of Justice's practice, and the book is extensively referenced throughout with all the most relevant sources reproduced in the annexes. Readership: Advocates, Judges, and legal academics with an interest in EU law.

European Rules of Civil Procedure

European Rules of Civil Procedure PDF Author: Astrid Stadler
Publisher: Edward Elgar Publishing
ISBN: 1800887841
Category : Law
Languages : en
Pages : 785

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Book Description
European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.

European Traditions in Civil Procedure

European Traditions in Civil Procedure PDF Author: C. H. van Rhee
Publisher: Intersentia nv
ISBN: 905095491X
Category : Civil law
Languages : en
Pages : 362

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Book Description
European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.

The European Court of Justice and the Policy Process

The European Court of Justice and the Policy Process PDF Author: Susanne K. Schmidt
Publisher: Oxford University Press
ISBN: 0198717776
Category : Law
Languages : en
Pages : 311

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Book Description
This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.