Judicial Coherence in the European Union PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Judicial Coherence in the European Union PDF full book. Access full book title Judicial Coherence in the European Union by K. J. de Graaf. Download full books in PDF and EPUB format.
Author: K. J. de Graaf
Publisher:
ISBN: 9789462510999
Category :
Languages : en
Pages : 422
Get Book
Book Description
This book provides a selection of interesting papers presented at the Third REALaw Research Forum, which was held in Utrecht on January 30, 2015. The overarching theme of the colloquium was Judicial Coherence in the European Union. 0 0Ever since the establishment of the EU’s judicial system, coherence in the administration of justice within the EU has been an intriguing topic for debate amongst legal scholars and practitioners. Throughout the development of EU (administrative) law in recent decades, courts have been major players in shaping the EU legal order in law and practice. In the overwhelming majority of cases in everyday EU legal practice, national courts and tribunals fulfil the duty of ensuring that the law is observed in the interpretation and application of EU law. Recent judgments clearly illustrate that judicial coherence in the EU concerns a shared responsibility of the Court of Justice and the courts in the Member States. Between the lines, anticipation of the growing horizontal interaction between national courts of the EU Member States can be observed. 0 0The variety, richness and refreshing approaches to questions relating to judicial coherence in the European Union in this book prove that judicial coherence deserves to be further explored and discovered and is of great societal relevance as well.
Author: K. J. de Graaf
Publisher:
ISBN: 9789462510999
Category :
Languages : en
Pages : 422
Get Book
Book Description
This book provides a selection of interesting papers presented at the Third REALaw Research Forum, which was held in Utrecht on January 30, 2015. The overarching theme of the colloquium was Judicial Coherence in the European Union. 0 0Ever since the establishment of the EU’s judicial system, coherence in the administration of justice within the EU has been an intriguing topic for debate amongst legal scholars and practitioners. Throughout the development of EU (administrative) law in recent decades, courts have been major players in shaping the EU legal order in law and practice. In the overwhelming majority of cases in everyday EU legal practice, national courts and tribunals fulfil the duty of ensuring that the law is observed in the interpretation and application of EU law. Recent judgments clearly illustrate that judicial coherence in the EU concerns a shared responsibility of the Court of Justice and the courts in the Member States. Between the lines, anticipation of the growing horizontal interaction between national courts of the EU Member States can be observed. 0 0The variety, richness and refreshing approaches to questions relating to judicial coherence in the European Union in this book prove that judicial coherence deserves to be further explored and discovered and is of great societal relevance as well.
Author: Sacha Prechal
Publisher: Oxford Studies in European Law
ISBN: 0199232466
Category : Law
Languages : en
Pages : 574
Get Book
Book Description
This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
Author: Niamh Nic Shuibhne
Publisher: OUP Oxford
ISBN: 0191511056
Category : Law
Languages : en
Pages : 310
Get Book
Book Description
At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to create a body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has often taken differing approaches across the different freedoms, leaving a body of law apparently lacking a coherent set of foundational principles. This book presents a critical analysis of the European Courts' jurisprudence on free movement, examining the Court's constitutional responsibility to articulate a coherent vision of the EU internal market. Through analysis of restrictions on free movement rights, it argues that four main drivers are distorting the system of the case law and its claims to coherence. The drivers reflect 'good' impulses (the protection of fundamental rights); avoidable habits (the proliferation of principles and conflicting lines of case law authority); inherent ambiguities (the unsettled purpose and objectives of the internal market); and broader systemic conditions (the structure of the Court and its decision-making processes). These dynamics cause problematic instances of case law fragmentation - which has substantive implications for citizens, businesses, and Member States participating in the internal market as well as reputational consequences for the Court of Justice and for the EU more generally. However, ultimately the Member States must take greater responsibility too: only they can ensure that the Court of Justice is properly structured and supported, enabling it to play its critical institutional part in the complex narrative of EU integration. Examining the judicial development of principles that define the scope of EU free movement law, this book argues that sustaining case law coherence is a vital constitutional responsibility of the Court of Justice. The idea of constitutional responsibility draws from the nature of the duties that a higher court owes to a constitutional text and to constitutional subjects. It is based on values of fairness, integrity, and imagination. A paradigm of case law coherence is less rigid, and therefore more realistic, than a benchmark of legal certainty. But it still takes seriously the Court's obligations as a high-level judicial institution bound by the rule of law. Judges can legitimately be expected - and obliged - to be aware of the public legal resource that they construct through the evolution of case law.
Author: Sacha Prechal
Publisher: OUP Oxford
ISBN: 0191552534
Category : Law
Languages : en
Pages : 580
Get Book
Book Description
The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law? In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order? Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts. The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulation and social policy.
Author: Baldan, Federica
Publisher: Edward Elgar Publishing
ISBN: 1800880073
Category : Law
Languages : en
Pages : 304
Get Book
Book Description
This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.
Author: Gráinne De Búrca
Publisher: Oxford University Press, USA
ISBN: 9780199246014
Category : Law
Languages : en
Pages : 266
Get Book
Book Description
This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.
Author: Ziegler, Katja S.
Publisher: Edward Elgar Publishing
ISBN: 1784712388
Category : Political Science
Languages : en
Pages : 656
Get Book
Book Description
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Author: Bart Van Vooren
Publisher: Routledge
ISBN: 0415674662
Category : Law
Languages : en
Pages : 376
Get Book
Book Description
This book offers a thorough legal and policy examination of the European Neighbourhood Policy (ENP) as latest 'grand' experiment in achieving coherent external relations for the Union. The book draws on legal and political scholarship to attain a definition of coherence in EU external relations. It argues that traditional definitions such as vertical or horizontal coherence are insufficient and sets out a new definition in order to more accurately capture the reality of EU external relations. The book goes on to look in depth at the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, but stems mostly from its hybrid composition of hard legal, soft legal and non-legal policy instruments.
Author: Koen Lenaerts
Publisher: OUP Oxford
ISBN: 0191023140
Category : Law
Languages : en
Pages : 1051
Get Book
Book Description
The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.
Author: Alicia Hinarejos Parga
Publisher:
ISBN: 0199569967
Category : Law
Languages : en
Pages : 229
Get Book
Book Description
The EU's activity under its intergovernmental pillars - The Common Foreign and Security Policy and Justice and Home Affairs - has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
