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This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.
One of the main ways in which the European Court of Justice has influenced the development of the Community legal order is through the elaboration of unwritten general principles of law derived from the fundamental values underlying the national legal systems. This book provides a detailed andsystematic account of the general principles as applied by the European Court of Justice and the Court of First Instance. It highlights the various functions fulfilled by the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that theyentail. Tridimas focuses on principles such as equality, proportionality, fundamental rights and the right t...
This book looks at the principles of the constitutional and administrative law of the European Union. Tridimas examines the institutions of the EU (including the workings of the European Courts).
"Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website
Analysis of some of the most controversial aspects of the European Union's Lisbon Treaty.
This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.
This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.
This aptly-titled book, describing Sir Francis Jacobs career as one of the ECJ s longest-serving Advocates General, also offers a unique insight into the Court s judge-made law . The contributors, all pre-eminent in their respective fields, show how a widely-respected advocate-general can, through the intellectual force of his opinions, not only recommend, guide and warn the Court, but even on occasion persuade it to reverse its earlier case-law. Essential reading for those who need to understand the Court s internal dynamics. Judge Nicholas Forwood, Court of First Instance of the European Communities Second longest serving Advocate General at the European Court of Justice; 574 Opinions to h...
A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including Brexit.
This volume commemorates the career of Sir Francis Jacobs KCMG QC, who served as British Advocate General at the European Court of Justice in Luxembourg from October 1988 until January 2006. The essays in the volume examine the key developments in EU law over the period that Sir Francis served as Advocate General, one that saw momentous changes in the character of the Union and its legal order. It encompassed the Treaty of Maastricht, which superimposed the Union on the pre-existing European Community, as well as the Treaties of Amsterdam and Nice; the proclamation of the Union's Charter of Fundamental Rights; the drafting of the Treaty establishing a Constitution for Europe; the creation of...