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Judicial Protection in the European Union 6th ed


ISBN13: 9789041116871
ISBN: 9041116877
Previous Edition ISBN: 9065445196
Published: October 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £188.00
Hardback edition , ISBN13 9789041116314



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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

With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing 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 and insight into such matters as the following: 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 organization of the Court of First Instance and the appeal procedure against its decisions.

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