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European Ambitions of the National Judiciary


ISBN13: 9789041103819
ISBN: 9041103813
Published: October 1997
Publisher: Brill Academic Publishers
Format: Hardback
Price: £151.00



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Several years ago, the SSR (The Dutch Training and Study Centre for the Judiciary) began a programme to reinforce and deepen knowledge of Community law among the members of the judiciary. Several themes relating to the actual application of European law by members of the National Judiciary in everyday practice are discussed in this work. Attention is focused on the development of the role of members of the national judiciaries regarding the maintenance of Community law, European norms, the consequences of negligence in the application and implementation of Community law, and the future conception of judicial responsibilities.;The aim of this work is to promote an increase of knowledge of European law among the members of the judiciary, and in particular, to heighten their consciousness of the existence and meaning of regulations of European law which are of immediate importance to the national administration of justice. The book stresses that Community law is an important matter for all European countries, and that uniformity, and the legal protection it offers, requires a univocal interpretation and application of the regulations of Community law among all member states.

Contents:
Part 1 Official opening of the renovated premises of SSR: introductory speech, W. Sorgdrager; welcome speech, J.W. Fokkens; opening speech, D.A.O. Edward.
Part 2 Congress ""European Ambitions of the National Judiciary"": introduction, J.J.I. Verburg; application of community law by national courts - (limits to) direct effect and supremacy, C.W.A. Timmermans; the application of community law by the English courts, A. Clarke; European law in the Hellenic judicial practice, C. Vardavakis; Community law and the Greek administraive courts, C.G. Yeraris; the preliminary procedure and the rule of law in the European Union, R. Barents; preliminary proceedings and the rule of law, H.-E. Jonasson; national courts, European law and preliminary co-operation, A.W.H. Meij; the ECJ's recent case-law in the field of tort liability - towards a European ""ius commune""?, W. van Gerven; the significance of the Francovich jurisprudence for the national courts, M. Fierstra; government liability in Germany for infringement of Community law, G. Krohn; the relations between the European Union and Central and Eastern Europe - from association to accession, M. Maresceau, E. Montaguti; application of Community law by the Hungarian judiciary, I. Voros; the effects and application of international law on national tribunals in the Czech Republic, Z. Sovak; judicial co-operation in the field of criminal law and civil law, J.J.E. Schutte; facilitating mutual understanding - the Grotius Programme, G. Vernimmen; judicial co-operation in the field of criminal and civil law - a Scots law perspective, A.N. Brown; Europe's expectations of its judges, P.J.G. Kapteyn.