Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The European Court Of Justice And The Limits Of Supranational Autonomy PDF full book. Access full book title The European Court Of Justice And The Limits Of Supranational Autonomy.
| Author | : Monica J. Oberkofler |
| Publisher | : |
| Total Pages | : 576 |
| Release | : 2003 |
| Genre | : European Union |
| ISBN | : |
| Author | : Dilek Kurban |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2020-11-12 |
| Genre | : Law |
| ISBN | : 110848932X |
A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.
| Author | : Susanne K. Schmidt |
| Publisher | : Routledge |
| Total Pages | : 156 |
| Release | : 2014-06-11 |
| Genre | : Political Science |
| ISBN | : 1317981294 |
The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
| Author | : Hans-W. Micklitz |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : |
| ISBN | : 9788400000264 |
Whereas individual Member State governments occasionally complain about judgments of the Court of Justice of the European Union, especially when those judgments curtail that state's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed, in each treaty revision so far, to confirm and extend the far-reaching powers which the Court of Justice possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective Court of Justice with strong enforcement powers is one of the salient features of European Union law which have stood the test of time, and feel no inclination to clip the wings of that Court for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the Court in particular policy fields, have never ceased, and indeed have become more audible in recent years. This book deals with the perception that the Court of Justice, quite often, does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.
| Author | : Hans-Wolfgang Micklitz |
| Publisher | : Intersentia Uitgevers N V |
| Total Pages | : 402 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 9781780681139 |
Whereas individual Member State governments of the European Union occasionally complain about judgments of the European Court of Justice (ECJ), especially when those judgments curtail that State's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed in each treaty revision so far to confirm and extend the far-reaching powers which the ECJ possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective ECJ with strong enforcement powers is one of the salient features of EU law which have stood the test of time and feel no inclination to clip the wings of the ECJ for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the ECJ in particular policy fields, have never ceased and indeed have become more audible in recent years. This book - now available in paperback - deals with the perception that the ECJ quite often does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.
| Author | : Malgorzata Wisniewska |
| Publisher | : |
| Total Pages | : 74 |
| Release | : 2012 |
| Genre | : Constitutional law |
| ISBN | : |
The main subject of the thesis focuses on the concept of jurisdiction and its limits, with special attention put to the Court of Justice of the European Union. The first half of the work delivers the broad theoretical approach concerning types of jurisdictions and the notion of forum shopping. As far as the Court of Justice of the European Union is concerned, not only it describes its jurisdiction ratione personae, ratione materiae, and defines its exclusivity, especially in the dimension of external relations of the EU, but it also presents the possible conflicting or complementary judicial regimes. Thus, the most important stress is given to the problem of overlapping jurisdiction in the context of international relations of the EU and the principle of the autonomy of the EU legal order. The second half of the work is dedicated to the practical example of the mixed agreement -United Nations Convention on the Law of the Sea - which has particular effects on the area of the competences of the EU and on the exclusive jurisdiction of the Court. The Swordfish dispute and the MOX Plant dispute, taken as examples, bring relevant input, especially to the case of jurisdictional conflicts in front of mixed agreements. To sum-up, the thesis contributes to the delineation of the jurisdictional competence of the European Court of Justice as a mechanism that functions in very autonomous legal regime of the European Union.
| Author | : Vasiliki Kosta |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 704 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782254471 |
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
| Author | : Mads Andenas |
| Publisher | : Springer Nature |
| Total Pages | : 340 |
| Release | : 2020-09-25 |
| Genre | : Law |
| ISBN | : 9462653917 |
The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor. The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law. Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.
| Author | : Jean-Loup Chappelet |
| Publisher | : Council of Europe |
| Total Pages | : 114 |
| Release | : 2010-01-01 |
| Genre | : Political Science |
| ISBN | : 9789287167200 |
Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.
| Author | : H Rasmussen |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 581 |
| Release | : 1986-06 |
| Genre | : Business & Economics |
| ISBN | : 9004639969 |
