EU Procedural Law

This volume provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines their role, competences and the types of actions that may be brought before them.

Author: Koen Lenaerts

Publisher: Oxford University Press

ISBN: 9780198707332

Category: Law

Page: 890

View: 663

Download →

A thorough overhaul of the classic work on the procedural law of the European Union. The 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.
Posted in:

Procedural Law of the European Union

Recoge: 1. The judicial organisation of the European Union - 2. Enforcement of community law - 3. protection against acts of the institutions - 4. Special forms of procedure.

Author: Koenraad Lenaerts


ISBN: IND:30000087204529

Category: Advisory opinions

Page: 790

View: 397

Download →

Recoge: 1. The judicial organisation of the European Union - 2. Enforcement of community law - 3. protection against acts of the institutions - 4. Special forms of procedure.
Posted in:

Structures of Civil and Procedural Law in

Joint Conference of the Max Planck Institute for Comparative and International
Private Law (Hamburg) and the Koç University Law School (Istanbul) on: “

Author: Tu?rul Ansay

Publisher: BWV Verlag

ISBN: 9783830526667

Category: Civil law

Page: 155

View: 745

Download →

HauptbeschreibungThis small book is a product of a seminar organised by the Koc University Law School, Dr. N©ơsret-Semahat Arsel Research Center of International Business Law and the Max Planck Institute for Comparative and International Private Law, Hamburg held in Istanbul on some legal issues of South Eastern European countries. Several scholars from five South Eastern European nations and Germany came together in March 2007 to discuss the basic legal structure on distribution of justice and contract law in their respective legal systems. The aim of the conference was the presentation and co.
Posted in:

Procedural Rules in Tax Law in the Context of European Union and Domestic Law

Common Consolidated Corporate Tax Base (CCCTB) and Procedural Rules in
Tax Matters 182 1. Danish Position on CCCTB 182 2. Concepts and Arbitration
183 3. Administrative and Judicial Review 184 VIII. EU Taxes and Procedural
Law ...

Author: Michael Lang

Publisher: Kluwer Law International B.V.

ISBN: 9789041133762

Category: Law

Page: 699

View: 299

Download →

EUCOTAX (European Unviersities Cooperating on TAXes) is a network of tax institutes currently consisting of eleven universities: WU (Vienna University of Economics and Business) in Austria, Katholieke Universiteit Leuven in Belgium, Corvinus University of Budapest, Hungary, Universite Paris-I Pantheon-Sorbonne in France, Universitat Osnabruck in Germany, Libera, Universita Internazionale di Studi Sociali in Rome (and Universita degli Studi di Bologna for the research part), in Italy, Fiscaal Instituut Tilburg at Tilburg University in the Netherlands, Universidad de Barcelona in Spain, Uppsala University in Sweden, Queen Mary and Westfield College at the University of London in the United Kingdom, and Georgetown University in Washington DC, United States of America. This network aims at initiating and coordinating both comparative education in taxation, through the organisation of activities such as winter courses and guest lectures, and comparative research in the field, by means of joint research projects, international conferences and exchange of researchers between various countries. European Union law barely deals with procedural questions even though they are essential for proper implementation of European Union law. The European Court of Justice has developed procedural principles in its rulings which also affect proceedings before national authorities. This is due to the fact that the principle of procedural autonomy of the Member States finds its limits where European Union law might be infringed. Therefore, domestic procedural principles and rules of the EU countries need to be interpreted in the context of European Union law requirements. This timely work seeks to identify the differences between the domestic procedural rules and principles of an array of EU and non-EU countries and analyse them in the context of European Union law requirements. Specific attention is paid to the impact of State aid rules on procedural law in tax matters, on constitutional law requirements as well as tax treaty law issues. Since customs law is already harmonized in the form of the Community Customs Code, it serves as a starting point to examine the extent to which harmonized procedural law is possible. Harmonized procedural law is also discussed in the context of a possible future Common Consolidated Corporate Tax Base as well as an EU tax levied at the European Union level.
Posted in:

Procedural Autonomy of EU Member States Paradise Lost

Chapter 1 Introductory Notes, Terminological Issues and Demarcation of the
Scope of the Study 1.1 The Distinction Between Procedural and Substantive Law
in EU Law A large body of literature has focused on the question of the
procedural ...

Author: Diana-Urania Galetta

Publisher: Springer Science & Business Media

ISBN: 3642125476

Category: Law

Page: 145

View: 283

Download →

Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
Posted in:

Implementing EU Consumer Rights by National Procedural Law

This volume will be of interest to all practitioners, academics and policymakers with a focus on judicial cooperation, civil justice and consumer protection, and will facilitate a better understanding of the impact of national procedural ...

Author: Burkhard Hess

Publisher: Beck/Hart

ISBN: 1509932399

Category: Law

Page: 512

View: 991

Download →

EU consumer law affords a number of substantive rights to consumers. Often however, the protection of these rights is undermined as a consequence of the complexity and lack of knowledge in the Member States of EU consumer legislation and case law. This volume presents a comparative examination of the enforcement of these rights in the EU Member States, with an extensive empirical evaluation of national procedural rules and practices. Following a comprehensive assessment of the nature and characteristics of EU consumer law, the volume identifies and evaluates key procedural themes that shape the equivalent and effective protection of EU consumer rights in light of European Court of Justice case law. Alongside Impediments of National Procedural Law to the Free Movement of Judgments: Luxembourg Report on European Procedural Law Volume I, this volume offers the most comprehensive, empirically-driven comparative investigation of national civil procedure thus far undertaken in Europe. Using an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, it examines the rules of civil procedure in all EU Member States, and identifies their impact on the protection of consumers under EU consumer law. This volume will be of interest to all practitioners, academics and policymakers with a focus on judicial cooperation, civil justice and consumer protection, and will facilitate a better understanding of the impact of national procedural laws on the effectiveness of EU consumer protection.
Posted in:

Competition Law of the EU and UK

5 Procedure—Investigation KEY POINTS KEY POINTS As established in
Regulation 1/2003, the EU Commission has its own ... 5.2 General background to
competition law enforcement 5.2.1 Enforcement in the EU Procedural law is
frequently ...

Author: Sandra Marco Colino

Publisher: Oxford University Press

ISBN: 9780199587322

Category: Law

Page: 476

View: 424

Download →

This student-friendly and engaging textbook is an excellent introduction to competition law. With a comparative approach, it gives clarity to the differences and similarities between EU and UK systems. Providing up-to-date coverage of cases and legislative changes, it explains the fundamental economic concepts of this area of the law.
Posted in:

Civil Litigation in a Globalising World

Burkhard Hess Abstract This chapter analyses the procedural landscape in the
European Union, and the extent of harmonisation. The legislative activities of the
EU started in the context of international procedural law, for which Article 65 EC ...

Author: X.E. Kramer

Publisher: Springer Science & Business Media

ISBN: 9789067048170

Category: Law

Page: 390

View: 240

Download →

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Posted in:

The Foundations of European Private Law

What procedural justice theory teaches us is that the substantive law formulation
is just the beginning of the legal regulation. ... justice theory sends an
unenthusiastic message to all believers in the harmonisation of European private

Author: Roger Brownsword

Publisher: Bloomsbury Publishing

ISBN: 9781847317902

Category: Law

Page: 648

View: 474

Download →

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
Posted in:

Cross Border EU Competition Law Actions

Since existing national collective redress systems have general scope and are
not limited to competition law enforcement, the introduction of an ad hoc special
mechanism by means of regulation would create a uniform effective EU
procedural ...

Author: Mihail Danov

Publisher: Bloomsbury Publishing

ISBN: 9781782251606

Category: Law

Page: 452

View: 838

Download →

This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
Posted in:

Civil Procedure and EU Law

Introduction. Intersections. between. Procedural. and. European. Law. For the
purpose of defining the subject matter of this work and its aims it is useful to step
back, and consider the big picture. In the broadest sense, the backdrop is formed
by ...

Author: Eva Storskrubb

Publisher: Oxford University Press, USA

ISBN: 9780199533176

Category: Law

Page: 521

View: 493

Download →

This book examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The book analyses the EU's specific legislative measures regulating civil procedure and assesses their impact on litigation, particularly due process rights. The policy is then placed in the broader contexts of European integration and the international codification of civil procedure.
Posted in:

The Constitutional Foundations of European Contract Law

See K Lenaerts, I Maselis, and K Gutman (JT Nowak (ed)), EU Procedural Law (
Oxford Univ Press, 2014) ch 2. 3 See, eg, V Trstenjak, 'The “Instruments” for
Implementing European Private Law—The Influence of the ECJ Case Law on the

Author: Kathleen Gutman

Publisher: OUP Oxford

ISBN: 9780191025471

Category: Law

Page: 500

View: 767

Download →

Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.
Posted in:

European Union Law

The Legal Nature of Preliminary Rulings What is the nature of preliminary rulings
from the European Court? Preliminary references are ... 223 K. Lenaerts et al.,
EU Procedural Law (Oxford University Press, 2014), 100. 224 On this possibility,

Author: Robert Schütze

Publisher: Cambridge University Press

ISBN: 9781107071209

Category: Law

Page: 1014

View: 178

Download →

Clear yet rigorous coverage of all the core topics of EU law, with numerous case extracts and 100 visual aids.
Posted in:

EU Public Contract Law

213-262. LENAERTS, Koen, « Le Traité de Lisbonne et la Protection
juridictionnelle des Particuliers en Droit de l'Union », Cahiers de Droit Européen,
2009, p. 711-745. LENAERTS, Koen and ARTS, Dirk, Procedural Law of the
European ...

Author: Roberto Caranta

Publisher: Primento

ISBN: 9782802741671

Category: Law

Page: 576

View: 447

Download →

This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.
Posted in:

The Enforcement of EU Law

The Role of the European Commission Stine Andersen ... Moreover, it argued,
this is reflected in both substantive EU law and procedural law, including the
general EU infringement procedure. More specifically, both the substantive law
and ...

Author: Stine Andersen

Publisher: OUP Oxford

ISBN: 9780191650055

Category: Law

Page: 272

View: 418

Download →

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.
Posted in:

Foster on EU Law

Procedural. Law. of. the. European. Union. The first 'half' of this book considers
the topics that may well be covered in one or two intro- ductory or first-year
courses in universities depending on how the teaching of EU law is organ- ized.
Trends ...

Author: Nigel Foster

Publisher: Oxford University Press

ISBN: 9780199670796

Category: Law

Page: 410

View: 407

Download →

Nigel Foster provides a concise and clear account of EU Law, offering an accessible entry point to the subject. The fourth edition provides an incisive account of the institutions and procedures of the European Union, before moving on to consider key areas of substantive law, including competition law.
Posted in:

Deference in International Courts and Tribunals

See also Paolise Nebbia, 'Do the Rules on State Aids Have a Life of Their Own?
National Procedural Autonomy and Effectiveness in the Lucchini Case', 33
European Law Review 427 (2008). 37 See for a conceptualization of that
perspective ...

Author: Lukasz Gruszczynski

Publisher: OUP Oxford

ISBN: 9780191026508

Category: Law

Page: 400

View: 755

Download →

International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
Posted in:

Constitutionalization of European Private Law

National civil procedural rules may also create significant obstacles for
consumers of financial services to make effective use of the consumer protection
legislation of a more general character, such as Directive 93/13 on unfair terms in

Author: Hans Micklitz

Publisher: OUP Oxford

ISBN: 9780191020087

Category: Law

Page: 320

View: 286

Download →

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.
Posted in:

The Private Law Systems in the EU

Harmonisation of the law of civil procedure in the European Union in the context
of the creation of a European Civil Code Konstantinos Kerameus , Athens I .
Variations in procedural law within the European Union 1 . Standardised and ...



ISBN: STANFORD:36105062980870

Category: Aliens

Page: 408

View: 460

Download →

Posted in: