National Judges As Eu Law Judges The Polish Civil Law System PDF Download
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Author | : Urszula Jaremba |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 437 |
Release | : 2013-10-17 |
Genre | : Law |
ISBN | : 9004261478 |
Download National Judges As EU Law Judges: The Polish Civil Law System Book in PDF, ePub and Kindle
National Judges as EU law Judges: The Polish Civil Law System by Urszula Jaremba aims at filling a research gap in one of the key areas of EU law concerning its enforcement at the national level and the phenomenon of judicial behaviour. More precisely, it examines the way civil judges in Poland function as EU law judges, and the practical problems they encounter while striving to actualise this constitutive role. However, the book goes beyond the formal law scenario, and investigates how Polish civil judges establish their own understanding of EU law and the new requirements it has imposed upon them. To this end, the study employs an empirical − that is to say quantitative and qualitative − methodology and theory to result in a socio-legal study that combines legal and empirical insights into the way national judges function in the context of EU law.
Author | : Urszula Jaremba |
Publisher | : |
Total Pages | : 436 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download Polish Civil Judges as European Union Law Judges: Knowledge, Experiences and Attitudes Book in PDF, ePub and Kindle
Author | : Bruno de Witte |
Publisher | : Edward Elgar Publishing |
Total Pages | : 280 |
Release | : 2016-06-24 |
Genre | : Law |
ISBN | : 1783479906 |
Download National Courts and EU Law Book in PDF, ePub and Kindle
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 | : Urszula Jaremba (jurist) |
Publisher | : |
Total Pages | : 436 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download Polish Civil Judges as European Union Law Judges: Knowledge, Experiences and Attitudes Book in PDF, ePub and Kindle
Author | : Michal Bobek |
Publisher | : Bloomsbury Publishing |
Total Pages | : 462 |
Release | : 2015-11-19 |
Genre | : Law |
ISBN | : 1782259902 |
Download Central European Judges Under the European Influence Book in PDF, ePub and Kindle
The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.
Author | : Urszula Jaremba |
Publisher | : |
Total Pages | : |
Release | : 2012 |
Genre | : International and municipal law |
ISBN | : |
Download Polish Civil Judges as European Union Law Judges Book in PDF, ePub and Kindle
Author | : Wojciech Sadurski |
Publisher | : Oxford Comparative Constitutio |
Total Pages | : 305 |
Release | : 2019-05-16 |
Genre | : Law |
ISBN | : 0198840500 |
Download Poland's Constitutional Breakdown Book in PDF, ePub and Kindle
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
Author | : Armin von Bogdandy |
Publisher | : Springer Nature |
Total Pages | : 478 |
Release | : 2021-01-05 |
Genre | : Law |
ISBN | : 366262317X |
Download Defending Checks and Balances in EU Member States Book in PDF, ePub and Kindle
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author | : Lydia Gall |
Publisher | : |
Total Pages | : 37 |
Release | : 2017 |
Genre | : Asylum, Right of |
ISBN | : 9781623135379 |
Download Eroding Checks and Balances Book in PDF, ePub and Kindle
Recommendations -- I. Independence of the judiciary -- Interference with freedom of expression and the media -- II. Overbroad counterterrorism powers -- III. Restriction of women's reproductive rights -- IV. Restriction of freedom of assembly -- V. Interference with civil society and freedom of association -- VI. Violating asylum seekers' rights -- VII. Regional and international criticism -- Acknowledgments.
Author | : Yuwen Li |
Publisher | : Routledge |
Total Pages | : 386 |
Release | : 2016-03-23 |
Genre | : Law |
ISBN | : 1317185374 |
Download Administrative Litigation Systems in Greater China and Europe Book in PDF, ePub and Kindle
Administrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an advanced rule of law and new democracies. Despite the different historical backgrounds and the broader context which has cultivated each individual system, this collective work illustrates the common characteristics of the rapid development of administrative litigation systems since the 1990s as a consequence of the advancement of the rule of law at a global level. All of the contributors have addressed a wide array of key issues in their particular jurisdiction, including court jurisdiction, the scope of judicial review, grounds of litigation claims and mediation in judicial process. Whilst pointing out the shortcomings and challenges which are faced by each jurisdiction, the book offers both ideas and inspiration on how the systems can learn from, and influence each other. This book is essential reading for those studying Chinese law, administrative litigation and comparative law, as well as judges and lawyers specialising in administrative litigation, and administrative courts.