Store International Judicial Protection in the European Union: Sixth edition

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
  • 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 01/01/2000
    Product Line Kluwer Law International
    ISBN 9789041116314
    SKU 9041116311
    Table of Contents
    1. Purpose of the Book
    2. Acknowledgements
    3. Concept
    4. Sources.
    5. Incorporation in the National Legal Order
    6. Application of Community Law by National Courts
    7. Task of National Courts
    8. The Cooperation Between the Court of Justice and the National Courts - The Preliminary Ruling Procedure
    9. Judicial Protection Against Acts of Institutions
    10. The Need for Judicial Protection.
    11. Judicial Review of Community Acts
    12. Actions Against the Institutions in which the Court Exercises Unlimited Jurisdiction
    13. Judicial Protection Against Acts of Member States
    14. The Need for Judicial Protection
    15. Review Initiated by the Commission
    16. Review Initiated by Other Member States
    17. Other Tasks of the Court of Justice
    18. Non-Judicial Opinions of the Court of Justice
    19. Remedies Concerning the European Investment Bank
    20. Authorisation to Enforce a Garnishee Order
    21. Structure and Operation of the Court of Justice
    22. Composition of the Court of Justice
    23. Organization of the Court
    24. Procedure
    25. The European Court of First Instance
    26. Introduction
    27. Structure and Organisation of the Court
    28. Tasks
    29. Procedure
    30. Judicial Panels.