Bardo Fassbender
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199679409
- eISBN:
- 9780191758478
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679409.003.0007
- Subject:
- Law, Public International Law, Comparative Law
This chapter examines German case-law dealing with problems of domestic legal personality and the privileges and immunities of international organizations. It discusses the jurisdictional immunity of ...
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This chapter examines German case-law dealing with problems of domestic legal personality and the privileges and immunities of international organizations. It discusses the jurisdictional immunity of international organizations as traditionally conceded by German courts; the jurisprudence of the Federal Constitutional Court regarding the constitutionality of supranational acts of international organizations; and German courts' failure to engage in any substantial open judicial dialogue with courts and tribunals of other jurisdictions about issues of domestic legal personality, or the privileges and immunities, of international organizations.Less
This chapter examines German case-law dealing with problems of domestic legal personality and the privileges and immunities of international organizations. It discusses the jurisdictional immunity of international organizations as traditionally conceded by German courts; the jurisprudence of the Federal Constitutional Court regarding the constitutionality of supranational acts of international organizations; and German courts' failure to engage in any substantial open judicial dialogue with courts and tribunals of other jurisdictions about issues of domestic legal personality, or the privileges and immunities, of international organizations.
Norbert Reich
- Published in print:
- 2017
- Published Online:
- April 2017
- ISBN:
- 9780198746560
- eISBN:
- 9780191808487
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198746560.003.0008
- Subject:
- Law, EU Law, Constitutional and Administrative Law
This chapter considers the relevance of the Francovich liability to enforcement. Francovich liability can be regarded as an element of enforcement of EU law, but this is limited in scope in an ...
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This chapter considers the relevance of the Francovich liability to enforcement. Francovich liability can be regarded as an element of enforcement of EU law, but this is limited in scope in an objective and subjective sense, which might confound critical observers of EU law. To overcome the somewhat haphazard approach of citing national—the German and to some extent English—cases pointing in one or other direction regarding the relevance of the liability, this chapter turns to two contrasting approaches. The first is the thorough study by Takis Tridimas analysing all subsequent ECJ case law relating to Francovich. The second is the study based on an economic theory of deterrence advanced by Hans-Bernd Schäfer. The chapter also briefly refers to a comparative empirical study of the case law in German and UK courts.Less
This chapter considers the relevance of the Francovich liability to enforcement. Francovich liability can be regarded as an element of enforcement of EU law, but this is limited in scope in an objective and subjective sense, which might confound critical observers of EU law. To overcome the somewhat haphazard approach of citing national—the German and to some extent English—cases pointing in one or other direction regarding the relevance of the liability, this chapter turns to two contrasting approaches. The first is the thorough study by Takis Tridimas analysing all subsequent ECJ case law relating to Francovich. The second is the study based on an economic theory of deterrence advanced by Hans-Bernd Schäfer. The chapter also briefly refers to a comparative empirical study of the case law in German and UK courts.
