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European Court Procedure

European Court Procedure
Author: Viktor Luszcz
Publisher: Bloomsbury Publishing
Total Pages: 779
Release: 2020-10-29
Genre: Law
ISBN: 1782252657

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“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.


The Pilot-Judgment Procedure of the European Court of Human Rights

The Pilot-Judgment Procedure of the European Court of Human Rights
Author: Dominik Haider
Publisher: Martinus Nijhoff Publishers
Total Pages: 347
Release: 2013-05-15
Genre: Law
ISBN: 9004246444

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Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.


Civil Procedure in the European Union

Civil Procedure in the European Union
Author: Carlo Rasia
Publisher: Kluwer Law International B.V.
Total Pages: 370
Release: 2022-10-20
Genre: Law
ISBN: 9403503963

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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
Author: K. P. E. Lasok
Publisher: Butterworth-Heinemann
Total Pages: 496
Release: 1984
Genre: Law
ISBN:

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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.


Remedies and Procedures Before the EU Courts

Remedies and Procedures Before the EU Courts
Author: René Barents
Publisher: Kluwer Law International B.V.
Total Pages: 1050
Release: 2020-01-09
Genre: Law
ISBN: 9403511141

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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.


Preliminary References to the European Court of Justice

Preliminary References to the European Court of Justice
Author: Morten Broberg
Publisher: Oxford University Press, USA
Total Pages: 578
Release: 2014-03
Genre: Law
ISBN: 019870402X

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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.


Preliminary References to the European Court of Justice

Preliminary References to the European Court of Justice
Author: Morten P. Broberg
Publisher: Oxford University Press, USA
Total Pages: 550
Release: 2010
Genre: Law
ISBN: 0199565074

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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
Author: Astrid Stadler
Publisher: Edward Elgar Publishing
Total Pages: 785
Release: 2023-11-03
Genre: Law
ISBN: 1800887841

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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.


The Future of the European Law of Civil Procedure

The Future of the European Law of Civil Procedure
Author: Fernando Gascón Inchausti
Publisher:
Total Pages: 0
Release: 2020
Genre: Civil procedure
ISBN: 9781780688596

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This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.


European Traditions in Civil Procedure

European Traditions in Civil Procedure
Author: C. H. van Rhee
Publisher: Intersentia nv
Total Pages: 362
Release: 2005
Genre: Civil law
ISBN: 905095491X

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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.