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Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0010
Subject:
Law, Human Rights and Immigration

The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards ... 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


The Vicissitudes of Life at the Coalface: Remedies and Procedures for Enforcing Union Law Before National Courts

Francesca Episcopo

in The Evolution of EU Law

Published in print:
2021
Published Online:
October 2021
ISBN:
9780192846556
eISBN:
9780191938887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192846556.003.0009
Subject:
Law, Public International Law, Private International Law

The chapter discusses the evolution of European law concerning national remedies and procedures involved in enforcing EU rights and obligations, combining an exposition of the case law with a ... More


Remedies Before National Courts

Anthony Arnull

in Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

Published in print:
2018
Published Online:
March 2021
ISBN:
9780199533770
eISBN:
9780191932434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199533770.003.0036
Subject:
Law, EU Law

This chapter is concerned with the decentralized enforcement of European Union law, that is, the way in which national courts uphold the rights it confers on litigants. When the Court of Justice ... More


The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?

Julio Baquero Cruz

in What's Left of the Law of Integration?: Decay and Resistance in European Union Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780198830610
eISBN:
9780191868764
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830610.003.0004
Subject:
Law, EU Law

This chapter examines how Union law and the Court of Justice would not be what they are without the preliminary rulings procedure. This procedure occupies a central position among all the other ways ... More


National Procedural Choices before the Court of Justice of the European Union

Pieter Van Cleynenbreugel

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/9780198716945.003.0010
Subject:
Law, Public International Law, Comparative Law

Chapter 10 analyses the standards of review relied upon by the CJEU in its assessment of national procedural choices, and in particular the role of the notion of mitigated procedural autonomy—a ... More


Challenges to EU Legality in the Field of Asylum and Migration Law

Evelien Brouwer

in Contemporary Challenges to EU Legality

Published in print:
2021
Published Online:
June 2021
ISBN:
9780192898050
eISBN:
9780191924514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192898050.003.0003
Subject:
Law, EU Law

‘EU legality’ in EU migration and asylum laws can be considered as a double-edged sword. This chapter describes how, on the one hand, the CJEU, by the mere application of general principles of EU ... More


Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Violeta Moreno-Lax

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.001.0001
Subject:
Law, Human Rights and Immigration

This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of ... More


The System of Public Authority Liability in Germany

Ferdinand Wollenschläger and Johannes Stapf

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0006
Subject:
Law, Constitutional and Administrative Law

The foundations of the present law in Germany can be succinctly stated as follows. First, a provision on public authority liability may be found in the constitution (the Grundgesetz) as well as in ... More


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