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The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

André Nollkaemper

in Compliance and the Enforcement of EU Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644735
eISBN:
9780191740695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644735.003.0006
Subject:
Law, EU Law, Public International Law

This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, ... More


The Advocates General and the development of the principle of direct effect

Noreen Burrows

in The Advocate General and EC Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199299003
eISBN:
9780191715037
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299003.003.0008
Subject:
Law, EU Law

This chapter examines the Opinions of a number of Advocates General in the cases relating to direct effect. Its purpose is to analyse the concept of direct effect from the standpoint of the Advocate ... 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


Democracy and Direct Effect: EU and National Perceptions

Thomas Vandamme

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0012
Subject:
Law, EU Law

This chapter attempts to add a further dimension to the theme of discretion by expanding from application and enforcement of EU law to its transposition into national legislation. It focuses on two ... More


Personal Scope of Application

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0006
Subject:
Law, EU Law

This chapter reviews the personal scope of application. As Article 56 (1) EC is directly effective in intra-Community and third-country contexts, beneficiaries can rely on it, in particular, in the ... More


Causal Inference in Perinatal Epidemiology: Revisiting the Birth Weight Paradox

Enrique F. Schisterman and Robert W. Platt

in Reproductive and Perinatal Epidemiology

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387902
eISBN:
9780199895328
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387902.003.0082
Subject:
Public Health and Epidemiology, Epidemiology

Does smoking cause neonatal mortality? Understanding causation is essential to inform the creation of effective interventions aimed at improving human health. Causal diagrams in the form of directed ... More


EU Law Effects of EU Foreign Investment Law

Angelos Dimopoulos

in EU Foreign Investment Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698608
eISBN:
9780191732140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698608.003.0007
Subject:
Law, EU Law, Competition Law

Chapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation ... More


Judicial Enforcement of EU Instruments through Private Party Litigation

Angela Ward

in Judicial Review and the Rights of Private Parties in EU Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199206865
eISBN:
9780191695667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206865.003.0002
Subject:
Law, Constitutional and Administrative Law

The chapter elaborates the means by which private parties can ask for a judicial enforcement regarding a set of legal instruments used in the EU Law. These instruments are interconnected with various ... More


The Dichotomy between EC External Relations and the CFSP

Geert De Baere

in Constitutional Principles of EU External Relations

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546688
eISBN:
9780191719998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546688.003.0007
Subject:
Law, EU Law

This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the ... More


Direct Effect, Indirect Effect, Supremacy and the Evolving Constitution of the European Union

Sacha Prechal

in The Fundamentals of EU Law Revisited: Assessing the Impact of the Constitutional Debate

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199226221
eISBN:
9780191696206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226221.003.0003
Subject:
Law, EU Law

This chapter analyzes the varied meanings of the principle of direct effect, uncertainties about the scope of supremacy, and the ‘radiation effect’ of the reasoning and rationale of principles ... More


Essential characteristics of EU law

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0002
Subject:
Law, EU Law, Human Rights and Immigration

The chapter analyses in detail the principles underlying EU law, in particular those of its supremacy and direct effect. It concentrates on the characteristics of directives in particular, since ... More


Breathlessness in advanced cancer

Deborah Dudgeon

in Dyspnoea in Advanced Disease: A guide to clinical management

Published in print:
2005
Published Online:
November 2011
ISBN:
9780198530039
eISBN:
9780191730450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198530039.003.0005
Subject:
Palliative Care, Patient Care and End-of-Life Decision Making, Pain Management and Palliative Pharmacology

Dyspnoea is a common symptom in patients with cancer, but it is often overlooked. Breathlessness can significantly increase morbidity in patients with advanced diseases. Dyspnoea is chronic with ... More


Associative Effects: Competition, Social Interactions, Group and Kin Selection

Bruce Walsh and Michael Lynch

in Evolution and Selection of Quantitative Traits

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198830870
eISBN:
9780191868986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830870.003.0022
Subject:
Biology, Evolutionary Biology / Genetics, Biochemistry / Molecular Biology

The phenotypes of those individuals with which an focal individual interacts often influences the trait value in the focal individual. Maternal effects is a classic example of this phenomena, as is ... More


Private Parties and Direct Access to the Court of First Instance

Angela Ward

in Judicial Review and the Rights of Private Parties in EU Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199206865
eISBN:
9780191695667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206865.003.0006
Subject:
Law, Constitutional and Administrative Law

The chapter focuses on the problems that private parties face when they challenge the legality of Article 230 of the treaty of the European Community. Operating independently of the concept of direct ... More


Pathways Linking Social Support to Health Outcomes

Bert N. Uchino

in Social Support and Physical Health: Understanding the Health Consequences of Relationships

Published in print:
2004
Published Online:
October 2013
ISBN:
9780300102185
eISBN:
9780300127980
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300102185.003.0006
Subject:
Psychology, Health Psychology

This chapter presents a broader theoretical framework for how social support influences physical health. It specifies the pathways responsible for the links between social support and health by ... More


Equality in social security

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0010
Subject:
Law, EU Law, Human Rights and Immigration

This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of ... More


The Descriptive Value of Legal Monism

Paul Gragl

in Legal Monism: Law, Philosophy, and Politics

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198796268
eISBN:
9780191837333
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796268.003.0004
Subject:
Law, Public International Law, EU Law

The aim to defend legal monism requires more than just mere epistemology, as sceptics might argue that monism is incapable of describing the real legal world and the law as it is. Consequently, this ... More


Loyalty and the Constitutionalization of EU Law

Marcus Klamert

in The Principle of Loyalty in EU Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199683123
eISBN:
9780191763182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683123.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 3 explains how loyalty has in general had a slow and delayed reception in the literature, and how this has only changed by the increased attention it has received in the fields of external ... More


Theoretical Perspectives Linking Social Support to Health Outcomes

Bert N. Uchino

in Social Support and Physical Health: Understanding the Health Consequences of Relationships

Published in print:
2004
Published Online:
October 2013
ISBN:
9780300102185
eISBN:
9780300127980
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300102185.003.0003
Subject:
Psychology, Health Psychology

This chapter discusses the main theoretical models linking social support to health outcomes. It discusses stress-related models of social support, which include the stress-prevention model and the ... More


Deconstructing Loyalty

Marcus Klamert

in The Principle of Loyalty in EU Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199683123
eISBN:
9780191763182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683123.003.0013
Subject:
Law, EU Law, Constitutional and Administrative Law

This Chapter discusses the loyalty-based case law of the Court from a methodological perspective. It starts by exploring the key methods of interpretation employed by the Court, such as effet utile ... More


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