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Vol 23 No 6 June/July 2018

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Data protection handbook

Judicial Protection in the European Union 6th ed

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ISBN13: 9789041116314
ISBN: 9041116311
Published: November 2001
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9789041116871

Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this book evaluates the judicial system of the European Union, describing the nature of the judicial protection available to individuals, undertakings and member States.

Schermers and Waelbroeck provide a perspective on the reasoning of the European Court of Justice in significant decisions, and shed light on how the rule of law may develop in future. An introductory chapter offers a description of how Treaty provisions, Community acts, international law and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis of the crucial role of national courts as guarantors of the rights of individuals in Community law; the validity of acts taken by Community institutions and member States, and protection against them; the delivery of non-judicial opinion and other tasks of the Court of Justice; the composition, function, and rules of procedure of the Court; and the organisation of the Court of First Instance and the appeal procedure against its decisions. Judicial protection in the European Union is organised to facilitate its prodigious reference value.

This should be a useful source for students of European law, as well as a basic reference for practitioners and an analysis of the strengths and weaknesses of the European system of judicial protection.

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EU Law
Introduction. I. Purpose of the Book. II. Acknowledgements.
1: The Community Legal Order. I. Concept. II. Sources. III. Incorporation in the National Legal Order. IV. Community Pre-Emption.
2: Application of Community Law by National Courts. I. Task of National Courts. II. The Cooperation Between the Court of Justice and the National Courts - The Preliminary Ruling Procedure.
3: Judicial Protection Against Acts of Institutions. I. The Need for Judicial Protection. II. Judicial Review of Community Acts. III. Actions Against the Institutions in which the Court Exercises Unlimited Jurisdiction. IV. Arbitration Clauses. V. Litigation in the Field of Industrial and Commercial Property.
4: Judicial Protection Against Acts of Member States. I. The Need for Judicial Protection. II. Review Initiated by the Commission. III. Review Initiated by Other Member States. IV. Review Initiated by Individuals.
5: Other Tasks of the Court of Justice. I. Non-Judicial Opinions of the Court of Justice. II. Remedies Concerning the European Investment Bank. III. Authorisation to Enforce a Garnishee Order. IV. Depriving a Member of the Court or of the Commission of His Office. V. Specific Powers under the Euratom Treaty. VI. Specific Powers under International Agreements.
6: Structure and Operation of the Court of Justice. I. Composition of the Court of Justice. I. Organization of the Court. Ill. Procedure.
7: The European Court of First Instance. I. Introduction. II. Structure and Organisation of the Court. III. Tasks. IV. Procedure. V. Judicial Panels.