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.

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.