Procedural Law of the European Union

Procedural Law of the European Union
Title Procedural Law of the European Union PDF eBook
Author Koenraad Lenaerts
Publisher
Pages 1028
Release 2006
Genre Law
ISBN

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Recoge: 1. The judicial organisation of the European Union - 2. Enforcement of community law - 3. protection against acts of the institutions - 4. Special forms of procedure.

EU Procedural Law

EU Procedural Law
Title EU Procedural Law PDF eBook
Author Koen Lenaerts
Publisher OUP Oxford
Pages 1051
Release 2014-03-21
Genre Law
ISBN 0191023132

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The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.

Procedural Rules in Tax Law in the Context of European Union and Domestic Law

Procedural Rules in Tax Law in the Context of European Union and Domestic Law
Title Procedural Rules in Tax Law in the Context of European Union and Domestic Law PDF eBook
Author Michael Lang
Publisher Kluwer Law International B.V.
Pages 754
Release 2010-10-29
Genre Law
ISBN 9041142487

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This timely work seeks to identify the differences between the domestic procedural rules and principles of an array of EU and non-EU countries and analyse them in the context of European Union law requirements. Specific attention is paid to the impact of State aid rules on procedural law in tax matters, on constitutional law requirements as well as tax treaty law issues. Since customs law is already harmonized in the form of the Community Customs Code, it serves as a starting point to examine the extent to which harmonized procedural law is possible. Harmonized procedural law is also discussed in the context of a possible future Common Consolidated Corporate Tax Base as well as an EU tax levied at the European Union level.

The European Union and National Civil Procedure

The European Union and National Civil Procedure
Title The European Union and National Civil Procedure PDF eBook
Author Anna Nylund
Publisher
Pages 0
Release 2016
Genre Civil procedure
ISBN 9781780683805

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'This publication is extremely interesting since it shows that the law of the European Union has an impact on national procedural law. Cross-fertilisation is indeed a very important tool.'--Marcel Storme, Honorary Pres. of the International Assoc. of Procedural Law ***This book discusses the impact of EU law on selected national legal systems. The authors analyze how the civil procedure system of their countries has reacted to increasing Europeanisation and the influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure. Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. A comprehensive comparison between the countries represented in the book is made. (Series: Ius Commune Europaeum, Vol. 150) Subject: EU Law, National Law]

The Future of the European Law of Civil Procedure

The Future of the European Law of Civil Procedure
Title The Future of the European Law of Civil Procedure PDF eBook
Author Fernando Gascón Inchausti
Publisher
Pages 0
Release 2020
Genre Civil procedure
ISBN 9781780688596

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This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.

ReNEUAL Model Rules on EU Administrative Procedure

ReNEUAL Model Rules on EU Administrative Procedure
Title ReNEUAL Model Rules on EU Administrative Procedure PDF eBook
Author Paul Craig
Publisher Oxford University Press
Pages 331
Release 2017
Genre Law
ISBN 0198795300

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This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.

Procedural Autonomy Across Europe

Procedural Autonomy Across Europe
Title Procedural Autonomy Across Europe PDF eBook
Author Bart Krans
Publisher
Pages 0
Release 2020
Genre Civil procedure
ISBN 9781780689067

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This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.