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Judicial Protection in the European Union, Sixth Edition by Henry G. Schermers, Denis F. Waelbroeck

Judicial Protection in the European Union, Sixth Edition

By Henry G. Schermers, Denis F. Waelbroeck


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Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully describing the nature of the judicial protection available to individuals, undertakings, and member States.

With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a much-needed perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing light on how the rule of law may develop in future.

An introductory chapter offers a masterful description of how Treaty provisions, Community acts, international law, and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis and insight into such matters as the following:

  • the crucial role of national courts as guarantors of the rights of individuals in Community law;
  • the validity of acts taken by Community institutions and member States, and protection against them;
  • the delivery of non-judicial opinion and other tasks of the Court of Justice;
  • the composition, function, and rules of procedure of the Court; and
  • the organisation of the Court of First Instance and the appeal procedure against its decisions.

    Judicial Protection in the European Union is organised to facilitate its prodigious reference value. All important cases are examined, and abundant footnotes clearly indicate relevant precedents in each case. This is a fundamental source for students of European law, as well as a basic reference for practitioners and a valuable analysis of the strengths and weaknesses of the European system of judicial protection.

  • Publish Date 10/01/2001
    Publish Frequency As Needed
    Product Line Kluwer Law International
    ISBN 9789041116871
    SKU 10058123-0001
    Table of Contents
      I. Purpose of the Book
      II. Acknowledgements
    1. The Community Legal Order
      I. Concept
      II. Sources
      III. Incorporation in the National Legal Order
      IV. Community Pre-Emption
    2. Application of Community Law by National Courts
      I. Task of National Courts
      II. The Cooperation Between the Court of Justice and the National Courts - The Preliminary Ruling Procedure
    3. Judicial Protection Against Acts of Institutions
      I. The Need for Judicial Protection
      II. Judicial Review of Community Acts
      III. Actions Against the Institutions in which the Court Exercises Unlimited Jurisdiction
      IV. Arbitration Clauses
      V. Litigation in the Field of Industrial and Commercial Property
    4. Judicial Protection Against Acts of Member States
      I. The Need for Judicial Protection
      II. Review Initiated by the Commission
      III. Review Initiated by Other Member States
      IV. Review Initiated by Individuals
    5. Other Tasks of the Court of Justice
      I. Non-Judicial Opinions of the Court of Justice
      II. Remedies Concerning the European Investment Bank
      III. Authorisation to Enforce a Garnishee Order
      IV. Depriving a Member of the Court or of the Commission of His Office
      V. Specific Powers under the Euratom Treaty
      VI. Specific Powers under International Agreements
    6. Structure and Operation of the Court of Justice
      I. Composition of the Court of Justice
      II. Organization of the Court
      Ill. Procedure
    7. The European Court of First Instance
      I. Introduction
      II. Structure and Organisation of the Court
      III. Tasks
      IV. Procedure
      V. Judicial Panels