Judicial Protection in the European Union: Sixth edition - 9041116311 - 9789041116314

by: Henry G. Schermers, Denis F. Waelbroeck
January 2000, ISBN 9041116311
ISBN 13: 9789041116314
Hardcover

USD price: $352.00

Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully 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 much-needed 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 masterful 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

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. All important cases are examined, and abundant footnotes clearly indicate relevant precedents in each case. This is a fundamental source for students of European law, as well as a basic reference for practitioners and a valuable analysis of the strengths and weaknesses of the European system of judicial protection.

Purpose of the Book
Acknowledgements
Concept
Sources.
Incorporation in the National Legal Order
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
Judicial Protection Against Acts of Member States
The Need for Judicial Protection
Review Initiated by the Commission
Review Initiated by Other Member States
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
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.

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Judicial Protection in the European Union, Sixth Edition

Henry G. Schermers, Denis F. Waelbroeck

October 2001, ISBN/ISSN 9041116877,
ISBN 13: 9789041116871
Paperback

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