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The courts and international agreements

Piet Eeckhout

in EU External Relations Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606634
eISBN:
9780191729560
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606634.003.0008
Subject:
Law, EU Law

This chapter examines the position of international agreements under the main heads of the jurisdiction of the EU's courts: in the first place the Court of Justice and the General Court, but also, in ... More


Courts

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0010
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on EU courts. The way in which the principles of review have developed has been affected by the jurisdictional divide between the European Court of Justice (ECJ) and General ... More


The Association, Cooperation, Partnership, and Trade Agreements Before the EU Courts: Embracing Maximalist Treaty Enforcement?

Mario Mendez

in The Legal Effects of EU Agreements

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199606610
eISBN:
9780191741906
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606610.003.0004
Subject:
Law, EU Law, Private International Law

This chapter examines EU case law concerning EU Agreements in order redress an existing gap in the literature whereby particular EU Trade Agreement judgments are singled out for praise or criticism ... More


The GATT and WTO Before the EU Courts: Judicial Avoidance Techniques or a Case Apart?

Mario Mendez

in The Legal Effects of EU Agreements

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199606610
eISBN:
9780191741906
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606610.003.0005
Subject:
Law, EU Law, Private International Law

This chapter examines EU case law on the legal effects of GATT and WTO norms in the EU legal order. The first section assesses GATT-era case law and provides a corrective to the largely one-sided and ... More


Law, Fact, and Discretion

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0015
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on some central precepts of substantive review. The discussion begins with the meaning accorded to the concepts of law, fact, and discretion in EU law. This is followed by ... More


EU External Relations Law

Piet Eeckhout

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606634
eISBN:
9780191729560
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606634.001.0001
Subject:
Law, EU Law

The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international ... More


The Non-Trade Agreements Before the EU Courts: The Emergence of Judicial Avoidance Techniques in Challenges to EU Action

Mario Mendez

in The Legal Effects of EU Agreements

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199606610
eISBN:
9780191741906
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606610.003.0006
Subject:
Law, EU Law, Private International Law

This chapter examines EU case law dealing with challenges to domestic action and challenges to EU action. It shows that despite the growth of EU treaty-making activity outside the trade sphere and ... More


Justifications

Vassilis Hatzopoulos

in Regulating Services in the European Union

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199572663
eISBN:
9780191738067
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572663.003.0004
Subject:
Law, EU Law

This chapter discusses the justifications for restrictions to the free provision of services. Chapter 3 observed that the overwhelming majority of restrictive measures brought to the attention of the ... More


Legal Accountability: Beyond Jurisdictional Reach?

Carolyn Moser

in Accountability in EU Security and Defence: The Law and Practice of Peacebuilding

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198844815
eISBN:
9780191895654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844815.003.0006
Subject:
Law, EU Law

This chapter deals with legal accountability arrangements in the context of EU peacebuilding activities carried out under the CSDP with a special focus on legality, access to justice, and monetary ... More


Judicial Review of Economic Policy: The EU Courts

Menelaos Markakis

in Accountability in the Economic and Monetary Union: Foundations, Policy, and Governance

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198845263
eISBN:
9780191880544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845263.003.0006
Subject:
Law, EU Law

This chapter seeks to unpack access to EU courts in the area of EMU, the emphasis being on the challenges facing austerity-hit litigants wishing to put their substantive case before the Court of ... More


The Legal Effects of EU Agreements

Mario Mendez

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199606610
eISBN:
9780191741906
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606610.001.0001
Subject:
Law, EU Law, Private International Law

Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties ... More


The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

Justine Pila and Ansgar Ohly (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199665105
eISBN:
9780191758881
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665105.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This book addresses some key methodological and institutional issues affecting the development of European intellectual property law. It consists of 14 chapters contributed by judges and academics ... More


Europe to the Rescue

Wojciech Sadurski

in Poland's Constitutional Breakdown

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198840503
eISBN:
9780191876219
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198840503.003.0008
Subject:
Law, Constitutional and Administrative Law

The Council of Europe (CoE) and the European Union (EU) possess significant legal instruments to affect and reverse anti-democratic changes in Poland, and some of these instruments have already been ... More


The Mutual Judicial Influence of National Courts and the European Court of Justice through the Preliminary Rulings Mechanism: Evidence from the United Kingdom

Gráinne de Búrca

in The Foundations and Future of Public Law: Essays in Honour of Paul Craig

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198845249
eISBN:
9780191880537
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845249.003.0006
Subject:
Law, Constitutional and Administrative Law

Taking the moment of imminent UK exit from the European Union as an opportunity to reflect on the mutual influence of the Court of Justice of the European Union (CJEU) and the English courts, this ... More


Boards of Appeal of EU Agencies and Article 47 of the Charter: Uneasy Bedfellows?

Dominique Ritleng

in Boards of Appeal of EU Agencies: Towards Judicialization of Administrative Review?

Published in print:
2022
Published Online:
April 2022
ISBN:
9780192849298
eISBN:
9780191944536
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192849298.003.0014
Subject:
Law, EU Law

This chapter starts from the premise that the Boards of Appeal as a remedy mechanism has become a standard institutional device for all EU agencies endowed with decision-making powers and explores ... More


Considering a Source-Oriented Alternative

C.J.W. Baaij

in Legal Integration and Language Diversity: Rethinking Translation in EU Lawmaking

Published in print:
2018
Published Online:
March 2018
ISBN:
9780190680787
eISBN:
9780190680817
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190680787.003.0005
Subject:
Law, Philosophy of Law

Three arguments point toward source-oriented EU Translation as the preferred alternative to current EU Translation practices. First, an original quantitative study of case law of the Court of Justice ... More


The External Dimension—Law, Courts, and the Court of Justice of the EU

Pedro Caro de Sousa

in The European Fundamental Freedoms: A Contextual Approach

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198727729
eISBN:
9780191794070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727729.003.0002
Subject:
Law, EU Law

This chapter identifies and reviews the elements of the external dimension that are relevant for a better understanding of the EU fundamental freedoms. Since the fundamental freedoms were developed ... More


The External Reach of EU Private Law in the Light of L’Oréal versus eBay and Google and Google Spain

Niilo Jääskinen and Angela Ward

in Private Law in the External Relations of the EU

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198744566
eISBN:
9780191805868
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198744566.003.0007
Subject:
Law, EU Law, Public International Law

This chapter discusses two cases, L’Oréal SA and Others v. eBay International AG and Others and Google Spain SL Google Inc v. AEPD and Mario Costeja González—both major cases in which the EU Court of ... More


Risk, Precaution and Scientific Complexity before the Court of Justice of the European Union

Patrycja Dąbrowska-Kłosińska

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0011
Subject:
Law, Public International Law, Comparative Law

Chapter 11 examines the applicable standard of judicial review in risk regulation cases before the CJEU. The author analyses how the European Courts have moved from a deferential approach to a more ... More


Rights and Remedies

Chantal Mak

in Constitutionalization of European Private Law: XXII/2

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explores the place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis ... More


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