The Experts below are selected from a list of 110832 Experts worldwide ranked by ideXlab platform
Nigel Foster - One of the best experts on this subject based on the ideXlab platform.
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Concentrate Questions and Answers EU Law
2020Co-Authors: Nigel FosterAbstract:The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. Concentrate Q&A EU Law looks at a wide range of up-to-date issues relating to EU Law, starting with the origins, institutions, and development of the EU communities and the legislative processes. Chapters then look at the sources and forms of EU Law, supremacy of EU Law, and the reception of the Law in the EU Member States. The chapter on Supremacy will also consider Brexit, but the extent to which that will be covered will be determined by just how far the exit negotiations have themselves progressed. The Court of Justice has a chapter devoted to it. The book then considers the free movement of goods and persons. Finally, the text turns to competition and merger Law and sex discrimination and equality Law.
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5. Supremacy of EU Law
EU Law Directions, 2020Co-Authors: Nigel FosterAbstract:This chapter focuses on the supremacy of EUropean Union (EU) Law over the Law of the member states and the relationship with international Law. It suggests that the reasons and logic for the supremacy of the EU Law have been developed through the decisions and interpretation of the EUropean Court of Justice (CJEU) and provides relevant cases to illustrate the views of the CJEU on the superiority of EU Law. It also considers the transfer and division of competences. This chapter also describes the reception and implementation of EU Law in several member states, including Germany, Italy, France, the Czech Republic, Denmark, and Spain.
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4. Sources and forms of EU Law
EU Law Directions, 2020Co-Authors: Nigel FosterAbstract:This chapter examines the forms and sources of EUropean Union (EU) Law. It describes the nature of the EU legal system and discusses the classification of various elements of EU Law, which include institutional Laws, procedural Laws, and substantive Laws. It explains that the Treaty on EUropean Union (TEU) and the Treaty on the Functioning of the EUropean Union (TFEU) are the principal sources of Law for the Union. Other sources include regulations, Directives, procedural requirements, and international agreements and conventions. This chapter also discusses the contribution of the EUropean Court of Justice (CJEU) to the sources of EU Law.
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Foster on EU Law
2019Co-Authors: Nigel FosterAbstract:Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition Law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU Law. The book considers the supremacy of EU Law in relation to ordinary domestic Law, member state constitutional Law, and international Law including UN Resolutions. It includes a consideration of EU Law and the UK, including a consideration of the Brexit referendum result and its possible consequences; also of Germany and France, as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Article 263 TFEU and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice.
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5. The Supremacy of EU Law
Foster on EU Law, 2019Co-Authors: Nigel FosterAbstract:This chapter examines the supremacy of EU Law from both the point of view of the Union, as understood by the Court of Justice of the EUropean Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU Law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU Law or to review EU Law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.
Steve Peers - One of the best experts on this subject based on the ideXlab platform.
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Steiner & Woods EU Law - 4. Principle of supremacy of EU Law
Steiner & Woods EU Law, 2020Co-Authors: Marios Costa, Steve PeersAbstract:This chapter examines the Court of Justice’s (CJ) case Law on the supremacy of EUropean Union (EU) Law over national Laws of Member States, analyses the question of priorities between directly effective EU Law and domestic Law, and also looks at this problem from the perspective of the national courts, including issues of human rights protection. It argues that the CJ’s introduction of the notion of supremacy, as part of EU Law constituting a ‘new legal order’, was instrumental in providing a view of the Union as a body which went beyond what was normal for an international Law organization. The chapter also describes how Member States developed their own constitutional rules as a response to EU Law.
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Steiner & Woods EU Law - 7. Framework for enforcement
Steiner & Woods EU Law, 2020Co-Authors: Marios Costa, Steve PeersAbstract:This chapter outlines the framework for enforcement of EUropean Union (EU) Law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the EUropean Union (TFEU), the CJ has played a key role in the enforcement of EU Law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU Law can also be raised in the national legal system.
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Criminal suspects’ rights and EU Law
ERA Forum, 2004Co-Authors: Steve PeersAbstract:Criminal suspects and their advocates need not wait until 2007 or 2008, the likely dates for application of the proposed Framework Decision on suspects’ rights, to take account of EU Law. Despite their focus on assisting police and prosecutors, EU Law measures already afford a measure of protection for suspects’ rights, most clearly in the context of the internal market but also potentially within the framework of EU Framework Decisions on mutual recognition as well. Given the additional application of the human rights principles of EU Law, which include a broad definition of the right to a fair hearing and an effective remedy, there is an emerging picture of a complex and multi-faceted system that can be applied in particular cases to contribute to the effective defence of suspects’ rights in criminal proceedings.
Sylvia De Mars - One of the best experts on this subject based on the ideXlab platform.
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EU Law in the UK - 8. Enforcing EU Law
EU Law in the UK, 2020Co-Authors: Sylvia De MarsAbstract:This chapter addresses the Treaty's provisions on the enforcement of EU Law, particularly looking at Articles 258–260 TFEU (Treaty on the Functioning of the EUropean Union). The EUropean Commission's enforcement action, known as ‘infringement proceedings’, is set out in Article 258 TFEU. If the Commission proves an infringement has occurred, the Court of Justice of the EUropean Union (CJEU) will issue a binding verdict that requires the Member State to rectify the breach: in other words, to amend its domestic Laws until they are compliant with EU Law. Article 260 TFEU makes clear, however, that the CJEU can only order ‘compliance’. Article 259 sets out a very similar process, rarely used, for Member State v Member State infringement proceedings. The chapter then considers the CJEU's development of the principles of direct and indirect effect and state liability, and explores the remedies for breaches of EU Law. It also assesses the impact of Brexit on the enforcement of EU Law.
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EU Law in the UK - 7. Connecting EU Law to domestic Law: the preliminary reference procedure
EU Law in the UK, 2020Co-Authors: Sylvia De MarsAbstract:This chapter assesses how conflicts between national Law and EU Law actually reach the Court of Justice of the EUropean Union (CJEU). The Treaties have created a distinct role for the CJEU: it can decide cases where the validity of an EU Law is not necessarily at issue, but rather its meaning is not entirely clear to a body that is meant to apply it. That process is set out in Article 267 TFEU (Treaty on the Functioning of the EUropean Union), and involves two separate but related steps. First, a domestic court has to refer (or ask) a question of the CJEU about the meaning of EU Law at stake in a dispute it is hearing. Second, the CJEU offers an interpretation of EU Law to the domestic court, enabling the domestic court to decide the dispute before it. The chapter then looks at the attitude of the UK courts towards the preliminary reference process, and considers judicial Law-making. It also discusses the impact of Brexit on the preliminary reference process.
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EU Law in the UK - 4. EU legislative powers
EU Law in the UK, 2020Co-Authors: Sylvia De MarsAbstract:This chapter examines the sources of EU Law. As with domestic Law, there are two overarching categories of EU Law: primary Law and secondary Law. EU primary Law includes the EU Treaties and the general principles of EU Law. Meanwhile, EU secondary Law includes regulations, directives, decisions, international agreements, and ‘soft Law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make Law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU Law, assessing what will happen to EU Law in the UK during the Withdrawal Agreement's transition period.
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EU Law in the UK
2020Co-Authors: Sylvia De MarsAbstract:EU Law in the UK tackles this subject with a post-Brexit perspective. It has a contextual approach, aiming to present the topic in a fresh and relatable way. Topics covered include the history of the EU from 1972 to the present day, the EU institutions, decision making and democracy, EU legislative powers, and the limits to those powers. The text also looks at the relations between EU and national Law, domestic Law, and enforcing EU Law. It also considers the internal (or common, or single) market, the free movement of goods and workers, EU citizenship, and the free movement of services. Competition Law is also touched upon. Finally, the text looks towards the future and considers how the UK can negotiate a future relationship with the EU.
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EU Law in the UK - 6. The relationship between EU and national Law
EU Law in the UK, 2020Co-Authors: Sylvia De MarsAbstract:This chapter focuses on the relationship between EU Law and national Law. It first explores the jurisprudence on what is known as the doctrine of supremacy of EU Law of the Court of Justice of the EUropean Union (CJEU). When a national court observes that a national Law clashes with an EU Law, they must set aside that national Law. The EU legal order would not work without a doctrine like supremacy: not only would domestic courts not be compelled to apply EU Law instead of conflicting national Law, but it is likely that different domestic courts would take different decisions as to whether to apply EU Law over national Law in a given scenario. The chapter then considers how supremacy has been received in Germany and the UK, looking at how the German and UK legal orders interact with EU Law. It then addresses whether ‘parliamentary sovereignty’ is compatible with EU membership, and examines the impact of Brexit on the supremacy of EU Law.
Marios Costa - One of the best experts on this subject based on the ideXlab platform.
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Steiner & Woods EU Law - 4. Principle of supremacy of EU Law
Steiner & Woods EU Law, 2020Co-Authors: Marios Costa, Steve PeersAbstract:This chapter examines the Court of Justice’s (CJ) case Law on the supremacy of EUropean Union (EU) Law over national Laws of Member States, analyses the question of priorities between directly effective EU Law and domestic Law, and also looks at this problem from the perspective of the national courts, including issues of human rights protection. It argues that the CJ’s introduction of the notion of supremacy, as part of EU Law constituting a ‘new legal order’, was instrumental in providing a view of the Union as a body which went beyond what was normal for an international Law organization. The chapter also describes how Member States developed their own constitutional rules as a response to EU Law.
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Steiner & Woods EU Law - 7. Framework for enforcement
Steiner & Woods EU Law, 2020Co-Authors: Marios Costa, Steve PeersAbstract:This chapter outlines the framework for enforcement of EUropean Union (EU) Law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the EUropean Union (TFEU), the CJ has played a key role in the enforcement of EU Law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU Law can also be raised in the national legal system.
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4. Principle of supremacy of EU Law
Steiner & Woods EU Law, 2017Co-Authors: Lorna Woods, Philippa Watson, Marios CostaAbstract:This chapter examines the Court of Justice's (CJ) case Law on the supremacy of EUropean Union (EU) Law over national Laws of Member States, analyses the question of priorities between directly effective EU Law and domestic Law, and also looks at this problem from the perspective of the national courts. It argues that the CJ's introduction of the notion of supremacy was instrumental in providing a view of the Union as a body which went beyond what was normal for an international Law organization. The chapter also describes how Member States developed their own constitutional rules as a response to EU Law.
Tobias Nowak - One of the best experts on this subject based on the ideXlab platform.
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Creating EU Law judges: the role of generational differences, legal education and judicial career paths in national judges' assessment regarding EU Law knowledge
Journal of European Public Policy, 2014Co-Authors: Juan A. Mayoral, Urszula Jaremba, Tobias NowakAbstract:The judicial protection system in the EUropean Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU Law, and the preliminary ruling procedure. However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU Law. In this contribution we study the differences in the level of self-evaluation of EU Law knowledge among judges, which consequently influence the way judges approach EU Law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU Law. Our analysis is based on data collected from German, Dutch, Polish and Spanish judges.
