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National Courts and Community Law

Paul P. Craig

in Governing Europe

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199250158
eISBN:
9780191599439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199250154.003.0002
Subject:
Political Science, European Union

An examination is made of the way in which national courts have reacted to European Community law, in particular to the claim to supremacy over national law contained in the jurisprudence of the ... More


Judicial review before national courts

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0003
Subject:
Law, EU Law, Environmental and Energy Law

This chapter analyzes the extent to which the ECJ's case law, the Aarhus Convention, and secondary Community legislation, ensure effective judicial enforcement of EC environmental law in national ... More


Sex Equality

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0004
Subject:
Political Science, European Union

The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ... More


The Giving Reasons Requirement

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0007
Subject:
Political Science, Comparative Politics

To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers ... More


The Enforcement of EC Environmental Law

Pål Wennerås

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.001.0001
Subject:
Law, EU Law, Environmental and Energy Law

It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that ... More


The Free Movement of Goods

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0003
Subject:
Political Science, European Union

The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about ... More


Is a Constitutional Environmental Right Necessary? A European Perspective

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0006
Subject:
Political Science, Political Theory

Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt ... More


EC environmental law in the national legal order

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0002
Subject:
Law, EU Law, Environmental and Energy Law

This chapter discusses the concept of direct effect, and addresses the question of the extent to which individuals can invoke EC environmental directives in national courts. Three fundamental ... More


Preliminary references

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0004
Subject:
Law, EU Law, Environmental and Energy Law

This chapter examines the system of preliminary references with a view to determining its effectiveness for the purposes of environmental lawsuits. Preliminary references on the interpretation of ... More


Governing Europe

Jack Hayward and Anand Menon (eds)

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199250158
eISBN:
9780191599439
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199250154.001.0001
Subject:
Political Science, European Union

This book is intended to be the leading advanced survey of politics in Western Europe. It examines in detail all aspects of political life in Western Europe, from public protest to core executives, ... More


European Law and the English Judge

Francis Jacobs

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0027
Subject:
Law, Legal History

This chapter assesses Lord Bingham's openness to new ideas from other quarters and other sources, in the context of two new dimensions of English law which have in recent years substantially ... More


Judicial review before Community courts

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0005
Subject:
Law, EU Law, Environmental and Energy Law

This chapter examines possibilities for individuals and NGOs to challenge the legality of environmental acts and omissions by Community institutions and bodies in direct actions before Community ... More


The Effect of EU Law on the Italian Courts

Giuseppe Tesauro

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0025
Subject:
Law, EU Law

This chapter examines the impact of EU law on the Italian legal system. Topics discussed include the relationship between Community law and domestic law, and substantive and procedural law. It is ... More


Enforcement by the Commission

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0006
Subject:
Law, EU Law, Environmental and Energy Law

The Commission plays a significant role in enforcing EC environmental law, yet the number of cases it brings does not necessarily prove that this enforcement is correspondingly effective. On the ... More


Hungary

Nóra Chronowski, Tímea Drinóczi, and Ildikó Ernszt

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0011
Subject:
Law, Public International Law

The Hungarian Constitution attempts to regulate, although not very successfully, the relationship between international law, Community law, and national law in Articles 2/A and 7. However, the ... More


The Financial Services Single Market and the Interface between Community Law and Domestic Law

Eva Lomnicka

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0015
Subject:
Law, EU Law

This chapter examines the interaction between traditional domestic law approaches and Community law in a single market, focusing on the financial services sector. It argues that facilitating the ... More


The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?

Vanessa Edwards and Paul Farmer

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0012
Subject:
Law, EU Law

Abuse of rights is a doctrine known to many legal systems. Its status varies. In Community law, it appears to serve as a principle of construction. Provisions of Community primary or secondary law ... More


Conclusion

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0007
Subject:
Law, EU Law, Environmental and Energy Law

This chapter takes stock of the book's main findings and provides recommendations for the future enforcement of EC environmental law. Topics discussed include private enforcement against national ... More


The Effect of European Community Law on Irish Law and the Irish Constitution

Nial Fennelly

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0026
Subject:
Law, EU Law

This chapter examines the impact of EC law on Irish courts. It is shown that Irish courts have generously embraced and applied Community law, its subject matter and its principles. Direct conflict ... More


EC Membership and the Judicialization of British Politics

Danny Nicol

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199247790
eISBN:
9780191697685
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247790.001.0001
Subject:
Law, EU Law

The Law Lords in ‘Factortame’ based their acceptance of the supremacy of European Community law on an ‘entirely voluntary’ surrender of sovereignty by Parliament. This book tells the story, from the ... More


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