EU Procedural Law (Oxford European Union Law Library) 2nd Edition – Ebook Instant Download/Delivery ISBN(s): 9780198833086,0198833083,9780191023149, 0191023140
Product details:
- ISBN-10: 0191023140
- ISBN-13: 9780191023149
- Author: Koen Lenaerts, Ignace Maselis, Kathleen Gutman
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 thatthe 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 Stateaid. 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.
Table contents:
1:General Introduction
Part I: The Judicial Organization of the European Union
2:The Union Judicial System
3:Cooperation between National Courts and the Court of Justice: The Reference for a Preliminary Ruling
4:Union Law and Member State Procedures and Remedies
Part II: Enforcement of Union Law
5:The Action for Infringement of Union Law by a Member State
6:Preliminary Rulings on the Interpretation of Union Law
Part III: Protection Against Union Acts
7:The Action for Annulment
8:The Action for Failure to Act
9:The Objection of Illegality
10:Preliminary Rulings on the Validity of Union Acts
11:The Action for Damages
12:Applications for an Opinion on the Compatibility with the Treaties of an International Agreement To Be Concluded by the Union
Part IV: Special Forms of Procedure
13:Proceedings for Interim Measures Before the Union Courts
14:Proceedings for Authorization to Serve a Garnishee Order on the Union
15:Jurisdiction of the Union Courts to Give Judgment pursuant to an Arbitration Clause or a Special Agreement
16:Proceedings Brought by Officials and Other Servants of the Union (Staff Cases)
17:Jurisdiction of the Union Courts Over Disputes Relating to Intellectual Property Rights
18:Unlimited Jurisdiction of the Union Courts in Respect of Actions Relating to Sanctions
19:Appeals
20:The Review Procedure
21:Jurisdiction of the Union Courts Under Conventions Concluded by the Member States
Part V: Procedure Before the Union Courts
22:Start of the Procedure
23:Incidental Elements of the Procedure
24:Main Elements of the Procedure
25:Conclusion of the Procedure
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