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Judicial protection in the European Union / Henry G. Schermers, Denis F. Waelbroeck

Main Author Schermers, Henry G. Coauthor Waelbroeck, Denis F. Country Holanda. Edition 6th ed Publication The Hague : Kluwer Law International, cop. 2001 Description XXIX, 889 p. ; 25 cm ISBN 90-411-16311 CDU 341.217:061.1UE 061.1UE:341.217
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Item type Current location Call number Status Date due Barcode Item holds Course reserves
Monografia Biblioteca Geral da Universidade do Minho
BGUM 341.217:061.1UE - S Available 375957
Monografia Biblioteca Geral da Universidade do Minho
BGUM 341.217:061.1UE - S Available 409439

Mestrado em Direito dos Negócios, Europeu e Transnacional Direito da União Europeia 1º semestre

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Enhanced descriptions from Syndetics:

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.

Table of contents provided by Syndetics

  • Introduction
  • I Purpose of the Book
  • II Acknowledgements
  • The Community Legal Order
  • I Concept
  • II Sources
  • III Incorporation in the National Legal Order
  • IV Community Pre-Emption
  • 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
  • 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
  • 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
  • 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
  • Structure and Operation of the Court of Justice
  • I Composition of the Court of Justice
  • II Organization of the Court
  • Ill Procedure
  • The European Court of First Instance
  • I Introduction
  • II Structure and Organisation of the Court
  • III Tasks
  • IV Procedure
  • V Judicial Panels

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