Paul Craig
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199296811
- eISBN:
- 9780191700811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296811.003.0009
- Subject:
- Law, EU Law
This chapter is concerned with the relationship between the European Court of Justice (ECJ) and the Court of First Instance (CFI), and that ...
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This chapter is concerned with the relationship between the European Court of Justice (ECJ) and the Court of First Instance (CFI), and that between the Community courts and the national courts. It begins with the analysis of the central structural and jurisdictional features of the present system, followed by consideration of the case-load problems of the Community courts, and the techniques available to limit the cases that are heard. Finally, the chapter discusses the aims that should underlie reform of the Community's judicial architecture.Less
This chapter is concerned with the relationship between the European Court of Justice (ECJ) and the Court of First Instance (CFI), and that between the Community courts and the national courts. It begins with the analysis of the central structural and jurisdictional features of the present system, followed by consideration of the case-load problems of the Community courts, and the techniques available to limit the cases that are heard. Finally, the chapter discusses the aims that should underlie reform of the Community's judicial architecture.
Paul Craig
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199296811
- eISBN:
- 9780191700811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296811.003.0020
- Subject:
- Law, EU Law
This chapter discusses remedies available against the Community. It begins with a consideration of the principles governing the grant of ...
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This chapter discusses remedies available against the Community. It begins with a consideration of the principles governing the grant of interim relief pending the final decision on the substance of a case and the way in which those principles are applied in relation to both direct and indirect actions. The chapter analyses the consequences of finding that the contested measure is illegal or invalid, the extent to which the Community courts modify the basic precept that a measure found to be invalid or illegal idea is void ab initio, and the relationship between the finding that the measure is void and the obligations placed on the Community institutions to redress the wrong. It then examines compensation, the criteria for recovery under Article 288 EC, and the way in which the tests have evolved over time.Less
This chapter discusses remedies available against the Community. It begins with a consideration of the principles governing the grant of interim relief pending the final decision on the substance of a case and the way in which those principles are applied in relation to both direct and indirect actions. The chapter analyses the consequences of finding that the contested measure is illegal or invalid, the extent to which the Community courts modify the basic precept that a measure found to be invalid or illegal idea is void ab initio, and the relationship between the finding that the measure is void and the obligations placed on the Community institutions to redress the wrong. It then examines compensation, the criteria for recovery under Article 288 EC, and the way in which the tests have evolved over time.
Paul Craig
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199296811
- eISBN:
- 9780191700811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296811.003.0021
- Subject:
- Law, EU Law
This chapter discusses the availability of relief against Member States. It analyses the extent to which Community law imposes constraints on ...
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This chapter discusses the availability of relief against Member States. It analyses the extent to which Community law imposes constraints on national rules such as time limits, quantum of recovery, and the like. The Community courts have developed a Community cause of action for damages that is applicable against all Member States. This is examined with consideration being given to the conceptual foundations of the cause of action, its subsequent modification, and the relationship between the Community courts and the national courts in the application of the criteria for recovery.Less
This chapter discusses the availability of relief against Member States. It analyses the extent to which Community law imposes constraints on national rules such as time limits, quantum of recovery, and the like. The Community courts have developed a Community cause of action for damages that is applicable against all Member States. This is examined with consideration being given to the conceptual foundations of the cause of action, its subsequent modification, and the relationship between the Community courts and the national courts in the application of the criteria for recovery.
Solomon T. Ebobrah
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198795582
- eISBN:
- 9780191836909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795582.003.0004
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter examines whether the ECOWAS Community Court of Justice (ECCJ or Court), as an international court operating in the West African region with its peculiar sociopolitical and economic ...
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This chapter examines whether the ECOWAS Community Court of Justice (ECCJ or Court), as an international court operating in the West African region with its peculiar sociopolitical and economic context, enjoys any form or degree of actual authority in any of its main functions. The ECCJ’s two contrasting epochs represent a variation in the authority of the Court. Whereas under its 1991 Protocol, the Court enjoyed limited de jure authority with little potential for growing its de facto authority, the 2005 Supplementary Protocol introduced expansions that increased the potential for enhanced de facto authority. Ultimately, the Court’s authority varies significantly both in terms of areas of competence, as among different court-users and in relation to wider communities in its State Parties. Arguably, these variations indicate that different factors influence the responses that the Court attracts from different user-groups.Less
This chapter examines whether the ECOWAS Community Court of Justice (ECCJ or Court), as an international court operating in the West African region with its peculiar sociopolitical and economic context, enjoys any form or degree of actual authority in any of its main functions. The ECCJ’s two contrasting epochs represent a variation in the authority of the Court. Whereas under its 1991 Protocol, the Court enjoyed limited de jure authority with little potential for growing its de facto authority, the 2005 Supplementary Protocol introduced expansions that increased the potential for enhanced de facto authority. Ultimately, the Court’s authority varies significantly both in terms of areas of competence, as among different court-users and in relation to wider communities in its State Parties. Arguably, these variations indicate that different factors influence the responses that the Court attracts from different user-groups.
Paul Craig
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199296811
- eISBN:
- 9780191700811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296811.003.0017
- Subject:
- Law, EU Law
This chapter focuses on proportionality as a ground of challenge to Community action. It begins with an analysis of the meaning of ...
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This chapter focuses on proportionality as a ground of challenge to Community action. It begins with an analysis of the meaning of proportionality as it has been elaborated by the Community courts. The focus then shifts to the intensity of review and the way in which proportionality has been applied. Three broad types of case can be distinguished in this respect. There are cases involving discretionary policy choices, whether social, political, or economic in nature. There are cases where the applicant alleges that the Community measure infringes a right recognized by EU law. There are finally those cases where the essence of the claim is that a penalty or financial burden that has been imposed is disproportionate.Less
This chapter focuses on proportionality as a ground of challenge to Community action. It begins with an analysis of the meaning of proportionality as it has been elaborated by the Community courts. The focus then shifts to the intensity of review and the way in which proportionality has been applied. Three broad types of case can be distinguished in this respect. There are cases involving discretionary policy choices, whether social, political, or economic in nature. There are cases where the applicant alleges that the Community measure infringes a right recognized by EU law. There are finally those cases where the essence of the claim is that a penalty or financial burden that has been imposed is disproportionate.
Paul Craig
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199296811
- eISBN:
- 9780191700811
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296811.001.0001
- Subject:
- Law, EU Law
This book considers the ways in which the EU administers policy, the objective being to explicate, analyse, and evaluate the modes of policy delivery, in order to assess ...
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This book considers the ways in which the EU administers policy, the objective being to explicate, analyse, and evaluate the modes of policy delivery, in order to assess the role of law therein and to draw conclusions about their relative efficacy. The approach throughout is contextual and inter-disciplinary. The focus in Part II shifts to ‘Law and Administration’ with analysis of the principles of judicial review as they have been developed by the Community courts. The chapters consider in-depth the principles of judicial review that are applied to control and structure EU administration and that of the Member States when acting in the sphere of EU law. The discussion takes full account of the legislative and political initiatives that are relevant to particular issues, as well as the contribution made by the Community courts.Less
This book considers the ways in which the EU administers policy, the objective being to explicate, analyse, and evaluate the modes of policy delivery, in order to assess the role of law therein and to draw conclusions about their relative efficacy. The approach throughout is contextual and inter-disciplinary. The focus in Part II shifts to ‘Law and Administration’ with analysis of the principles of judicial review as they have been developed by the Community courts. The chapters consider in-depth the principles of judicial review that are applied to control and structure EU administration and that of the Member States when acting in the sphere of EU law. The discussion takes full account of the legislative and political initiatives that are relevant to particular issues, as well as the contribution made by the Community courts.
Arman Sarvarian
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199679461
- eISBN:
- 9780191758522
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679461.003.0006
- Subject:
- Law, Legal Profession and Ethics, Public International Law
This chapter examines the procedure and practice of advocacy before the European Court of Justice and General Court of the European Union. In tracing the historical development of advocacy before the ...
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This chapter examines the procedure and practice of advocacy before the European Court of Justice and General Court of the European Union. In tracing the historical development of advocacy before the Court from the early days of the European Coal and Steel Community to the present day, the chapter identifies issues particular to the admission requirements of the Court (such as the definition of a ‘lawyer’) arising from that history and manifested in its jurisprudence concerning the appearance of non-traditional legal professionals. In explaining the reasons for the relatively low incidence of problems concerning the conduct of agents and counsel in practice, the chapter also identifies a number of cases in which issues arose concerning the integrity of evidence and the honesty of pleadings. It analyses the issues of professional ethics that have arisen in the practice of the Court, including legal professional privilege or confidentiality. The chapter also sets out the limited control of the EU courts over their rules of procedure and the impact of this situation upon the potential professionalization of advocacy in the unique EU context.Less
This chapter examines the procedure and practice of advocacy before the European Court of Justice and General Court of the European Union. In tracing the historical development of advocacy before the Court from the early days of the European Coal and Steel Community to the present day, the chapter identifies issues particular to the admission requirements of the Court (such as the definition of a ‘lawyer’) arising from that history and manifested in its jurisprudence concerning the appearance of non-traditional legal professionals. In explaining the reasons for the relatively low incidence of problems concerning the conduct of agents and counsel in practice, the chapter also identifies a number of cases in which issues arose concerning the integrity of evidence and the honesty of pleadings. It analyses the issues of professional ethics that have arisen in the practice of the Court, including legal professional privilege or confidentiality. The chapter also sets out the limited control of the EU courts over their rules of procedure and the impact of this situation upon the potential professionalization of advocacy in the unique EU context.
James Flynn
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199265329
- eISBN:
- 9780191699030
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199265329.003.0017
- Subject:
- Law, EU Law
This chapter addresses the circumstances, in which national courts can intervene in State aid issues and their powers to grant relief. It is also in accompaniment to that of Leo Flynn on the role of ...
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This chapter addresses the circumstances, in which national courts can intervene in State aid issues and their powers to grant relief. It is also in accompaniment to that of Leo Flynn on the role of the European Community courts in Luxembourg. It considers the question ‘how much use can national courts be in dealing with State aids?’ The focus is placed on actions brought by competitors or others who consider themselves adversely influenced by the grant of aid to someone else. It begins by presenting the recovery orders. A new role for national courts so far untested is the interpretation of block exemptions for State aids. The European Commission has the capability to act on suspicions and stray indications and to compel member states to develop the needed information. In principle, it is presented that a remedy given by a court to a claimant in order to offer relief in respect of a State aid to another does not itself constitute State aid.Less
This chapter addresses the circumstances, in which national courts can intervene in State aid issues and their powers to grant relief. It is also in accompaniment to that of Leo Flynn on the role of the European Community courts in Luxembourg. It considers the question ‘how much use can national courts be in dealing with State aids?’ The focus is placed on actions brought by competitors or others who consider themselves adversely influenced by the grant of aid to someone else. It begins by presenting the recovery orders. A new role for national courts so far untested is the interpretation of block exemptions for State aids. The European Commission has the capability to act on suspicions and stray indications and to compel member states to develop the needed information. In principle, it is presented that a remedy given by a court to a claimant in order to offer relief in respect of a State aid to another does not itself constitute State aid.
Paul Craig
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199296811
- eISBN:
- 9780191700811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296811.003.0012
- Subject:
- Law, EU Law
This chapter focuses on competence and subsidiarity. It examines the way in which issues of competence have been interpreted by the Community ...
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This chapter focuses on competence and subsidiarity. It examines the way in which issues of competence have been interpreted by the Community courts. It begins by considering the difficulties of delineating internal and external competence. It then analyses subsidiarity and the judicial approach to actions based on non-compliance with this principle.Less
This chapter focuses on competence and subsidiarity. It examines the way in which issues of competence have been interpreted by the Community courts. It begins by considering the difficulties of delineating internal and external competence. It then analyses subsidiarity and the judicial approach to actions based on non-compliance with this principle.
