Description of the 6th edition:
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.
Contents:
Introduction
I. Purpose of the Book
II. Acknowledgements
The Community Legal Order
I. Concept
II. Sources
III. Incorporation in the National Legal Order
IV. Community Pre-Emption
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
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
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
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
Structure and Operation of the Court of Justice
I. Composition of the Court of Justice
II. Organization of the Court
Ill. Procedure
The European Court of First Instance
I. Introduction
II. Structure and Organisation of the Court
III. Tasks
IV. Procedure
V. Judicial Panels
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