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Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Alicia Hinarejos

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.001.0001
Subject:
Law, EU Law

The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by ... More


Judicial Control in the Area of Freedom, Security and Justice

Alicia Hinarejos

in Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.003.0002
Subject:
Law, EU Law

This chapter deals with a primordial aspect of the evolution of the Area of Freedom, Security and Justice (AFSJ): judicial control. It maps out what the present situation is and what the future is ... More


The Institutionalization of European Administrative Space

Martin Shapiro

in The Institutionalization of Europe

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.003.0005
Subject:
Political Science, European Union

The institutionalization of European administration space is examined through one of the least visible or understudied, but most important, outcomes of integration: the development of administrative ... More


Entrenched Structures and Meanings

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0002
Subject:
Law, Comparative Law

This chapter presents the core conceptual and institutional attributes that traditionally characterized the French judicial order. This portrait of the French legal system stresses three interrelated ... More


On Judicial Transparency, Control, and Accountability

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0010
Subject:
Law, Comparative Law

This chapter discusses some of the difficult, but fascinating, rule of law/democratic theory issues raised by the judicial approaches employed by the Cour de cassation of France, the Supreme Court of ... More


Judicial Review of Commercial Regulation

Jaime Arancibia

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199609079
eISBN:
9780191725289
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199609079.001.0001
Subject:
Law, Constitutional and Administrative Law, Company and Commercial Law

English courts have traditionally held a policy of judicial restraint towards regulatory decisions in the commercial context. It is the purpose of this book to contribute to the debate on this issue ... More


Democracy and the Rule of Law in EU Foreign Policy

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/9780199546688.003.0006
Subject:
Law, EU Law

This chapter analyses the role of democratic accountability in the Union's foreign policy, focusing on democratic accountability within the CFSP. It should, however, be pointed out that the ... More


Judges and Acts of Sovereignty

Mohamed Maher Abouelenen

in Judges and Political Reform in Egypt

Published in print:
2009
Published Online:
January 2012
ISBN:
9789774162015
eISBN:
9781617970993
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774162015.003.0012
Subject:
Political Science, International Relations and Politics

The legislature has intervened to withdraw some kinds of cases from judicial control by designating them as involving political acts or acts of sovereignty. These concepts mean that certain actions ... More


What are the Alternatives? Adoption and Review

Christina Eckes

in EU Counter-Terrorist Policies and Fundamental Rights: The Case of Individual Sanctions

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199573769
eISBN:
9780191722158
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573769.003.0007
Subject:
Law, Human Rights and Immigration, EU Law

This chapter takes a practical and principled look into the future, exploring whether and how individual sanctions could lawfully and legitimately be adopted under European law. The chapter is ... 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


National Constitutionalism, Openness to International Law, and the Pragmatic Limits of European Integration—European Law in the German Constitutional Court from EEC to the PJCC †

Carl Lebeck

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0028
Subject:
Law, Public International Law

The basic principle for the Bundesverfassungsgericht (German Federal Constitutional Court) has been that the international delegation of limited and revocable powers generally has been accepted as ... More


The Executive in the Constitution: Structure, Autonomy, and Internal Control

Terence Daintith and Alan Page

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268703
eISBN:
9780191683558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268703.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is a constitutional and legal analysis of the inner workings of the executive. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the ... More


A Historical and Comparative Perspective On the Common Law Jury

Neil Vidmar

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0001
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter outlines some of the central characteristics that differentiate jury systems. Topics discussed include the jury's role in democratic theory and practice, adversary procedure and the ... More


Evolution of Cooperation in Justice and Home Affairs and Formation of the Third Pillar

Eileen Denza

in The Intergovernmental Pillars of the European Union

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198299356
eISBN:
9780191685682
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299356.003.0004
Subject:
Law, EU Law

This chapter examines the formation of the Third Pillar of the European Union and the evolution of cooperation in justice and home affairs. It suggests ... More


Controlling Agencification

Merijn Chamon

in EU Agencies: Legal and Political Limits to the Transformation of the EU Administration

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198784487
eISBN:
9780191826979
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198784487.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

Given the fourth chapter’s conclusion that the Court in Short-selling has not sufficiently taken into account the issue of controlling agencies, this chapter tries to identify the degree of control ... More


Subsidiarity as a Procedural Safeguard of Federalism

Xavier Groussot and Sanja Bogojević

in The Question of Competence in the European Union

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198705222
eISBN:
9780191774294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198705222.003.0012
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter argues that two distinct approaches to monitoring subsidiarity, focused on procedural tests of competence, are providing a new approach to the judicial control of subsidiarity. The ... More


The Independence and Interdependence of Judges

Bernard Stirn

in Towards a European Public Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 5 analyses the independence and impartiality of Europe’s judge; but it does so under the heading ‘independence within interdependence’. By doing so, it brings out the various ways in which ... More


Intergovernmentalism

Alicia Hinarejos

in The Euro Area Crisis in Constitutional Perspective

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198714958
eISBN:
9780191783128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714958.003.0007
Subject:
Law, EU Law

The crisis has resulted in an increased dominance of the executive at both national and supranational levels, including executive expert bodies such as the Commission and the ECB. This dominance of ... More


The Rule of Law and Good Governance

Henk Addink

in Good Governance: Concept and Context

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198841159
eISBN:
9780191876653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841159.003.0005
Subject:
Law, Constitutional and Administrative Law

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, ... More


The UN Security Council, State Responsibility, and the European Court of Human Rights: Towards an Integrated Approach?

Linos-Alexandre Sicilianos

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0012
Subject:
Law, Public International Law, Human Rights and Immigration

The European Court of Human Rights is in the process of refining its conceptual tools for determining the responsibility of the States Parties to the European Convention on Human Rights (ECHR) acting ... More


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