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In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant d...
Recoge: 1. Abbreviations -- 2. Introduction -- 3. Direct enforcement of the community rules by the courts of the member states -- 4. De l'éfficacité de la mise en oeuvre du droit communautaire de la concurrence par le juge national à la difficile connaissance du droit matériel européen -- 5. Italian antitrust law development and its links to the EC treaty relative to new market issues -- 6. The community judge and the national judge: The Francovich Case -- 7. Monitoring the enforcement of the unfair contract terms directive: the european commission database on case law abaut unfair contractual terms (CLAB) -- 8. Appendix: Materials.
Recoge: 1. Introduction -- 2. The new approach: "delegation" or "interventionism"? "Deregulation" or re-regulation? -- 3. Restating the problem: "Delegation" revisited -- 4. Reinterpreting European standardisation.
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Complementing the highly successful online German Law Journal, this new publication aims to deepen and develop some of the issues discussed in the Journal as well as to take up new questions and directions of commentary. Focusing on pressing legal questions of socio-political relevance, it offers scholarly articles, reports, book reviews and selected statutes or court decisions in English translation in all fields of German and European Law. The main objective is to offer border-transcending and interdisciplinary research into fast moving areas of the law, often involving a complex array of institutional, political, and private actors.