5. The Jurisdiction of the Court of Justice

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Community ◽  
Difficult Problem ◽  
Legal Order ◽  
General Question ◽  
Problem Type ◽  
Court Of Justice ◽  
Questions And Answers ◽  
The Eu

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. This chapter deals with questions on the range of actions or types of procedure provided for under the TFEU (ex European Community (EC) Treaty). These are the actions under Arts 258-260, 263, 265, 267, 268, 277, and 340 TFEU. The questions range from a straightforward consideration on the procedure of each action to the difficulties for applicants in these actions; the setting of difficult problem questions on the procedural aspects to questions requiring a consideration of more than one action. The chapter concludes with a general question on the overall range and effectiveness of remedies for individuals in the EU legal order. A mixture of essay and problem-type questions is provided.

5. The Jurisdiction of the Court of Justice

2020 ◽  
pp. 73-118
Author(s):  
Nigel Foster
Keyword(s):  
European Community ◽  
Difficult Problem ◽  
Legal Order ◽  
General Question ◽  
Problem Type ◽  
Court Of Justice ◽  
Questions And Answers ◽  
The Eu

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. This chapter deals with questions on the range of actions or types of procedure provided for under the TFEU (ex-European Community (EC) Treaty). These are the actions under Arts 258–60, 263, 265, 267, 268, 277, and 340 TFEU. The questions range from a straightforward consideration on the procedure of each action to the difficulties for applicants in these actions: the setting of difficult problem questions on the procedural aspects to questions requiring a consideration of more than one action. The chapter concludes with a general question on the overall range and effectiveness of remedies for individuals in the EU legal order. A mixture of essay and problem-type questions is provided.

5. The Jurisdiction of the Court of Justice

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Community ◽  
Difficult Problem ◽  
Legal Order ◽  
General Question ◽  
Problem Type ◽  
Court Of Justice ◽  
Questions And Answers ◽  
The Eu

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. This chapter deals with questions on the range of actions or types of procedure provided for under the TFEU (ex European Community (EC) Treaty). These are the actions under Arts 258-260, 263, 265, 267, 268, 277, and 340 TFEU. The questions range from a straightforward consideration on the procedure of each action to the difficulties for applicants in these actions; the setting of difficult problem questions on the procedural aspects to questions requiring a consideration of more than one action. The chapter concludes with a general question on the overall range and effectiveness of remedies for individuals in the EU legal order. A mixture of essay and problem-type questions is provided.

scholarly journals The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches

2007 ◽  
Vol 6 (1) ◽  
pp. 45-87 ◽  
Author(s):  
ANTONIS ANTONIADIS
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Political Institutions ◽  
Legal Order ◽  
The European Union ◽  
Comprehensive View ◽  
Court Of Justice ◽  
Community Legal Order ◽  
The Eu

Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU's political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to explore the considerations shaping the development of the different approaches and to argue that these stem from the interaction between the judiciary and the legislature. In doing so, this article purports to provide a comprehensive view of the application of WTO law within the Community legal order.

The Rebirth of the EU’s Charter of Fundamental Rights

2011 ◽  
Vol 13 ◽  
pp. 283-309
Author(s):  
Steve Peers
Keyword(s):  
Human Rights ◽  
Active Role ◽  
Legal Order ◽  
Fundamental Rights ◽  
Treaty Of Lisbon ◽  
Court Of Justice ◽  
Legal Effect ◽  
Charter Of Fundamental Rights ◽  
The Eu

AbstractSince the conferral of binding legal effect on the EU’s Charter of Fundamental Rights with the entry into force of the Treaty of Lisbon, the Court of Justice has taken an active role in developing the Charter as the leading source of human rights rules in the EU legal order. While the Court has begun to clarify some important points relating to the Charter, a number of significant issues still need to be addressed.

3. The Sources, Forms, and Individual Remedies of EU Law

2016 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Order ◽  
European Court Of Justice ◽  
Primary Sources ◽  
Eu Law ◽  
European Court ◽  
Questions And Answers ◽  
State Liability ◽  
The Eu

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. This chapter includes questions on a wide variety of often overlapping points concerned with the sources of European Union (EU) law. The sources of law are the Treaties which are regarded as primary sources and secondary legislation which can be enacted by the institutions of the Union by virtue of the powers given by the Member States and which are contained in the Treaties. Additional sources of law in the EU legal order are agreements with third countries, general principles and the case law of the European Court of Justice (ECJ) establishing, amongst other case law developments, the doctrine of direct effects, supremacy of EU law and state liability.

6. The European Union

2020 ◽  
pp. 126-141
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
European Commission ◽  
European Community ◽  
European Parliament ◽  
European Council ◽  
The European Union ◽  
Institutional Reforms ◽  
Court Of Justice ◽  
Council Of Ministers ◽  
The Eu

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.

scholarly journals The ‘Territory of the Union’ in EU Citizenship Law: Charting a Route from Parallel to Integrated Narratives

2019 ◽  
Author(s):  
Niamh Nic Shuibhne
Keyword(s):  
Case Law ◽  
Legal Order ◽  
Eu Law ◽  
Member States ◽  
Court Of Justice ◽  
Union Citizenship ◽  
Union Territory ◽  
The Eu

Abstract This paper examines the growing significance of the ‘territory of the Union’ in EU citizenship law and asks what it reveals about Union citizenship in the wider system of the EU legal order. In doing so, it builds on scholarship constructing the idea of ‘personhood’ in EU law by adding a complementary dimension of ‘place-hood’. The analysis is premised on territory as a place within—but also beyond—which particular legal qualities are both produced by and reflect shared objectives or values. In that respect, the paper offers a comprehensive ‘map’ of Union territory as a legal construct, with the aim of uncovering what kind of legal place the territory of the Union constitutes as well as the extent to which it is dis-connectable from the territories of the Member States. It also considers how Union territory relates to what lies ‘outside’. It will be shown that different narratives of Union territory have materialized in the case law of the Court of Justice. However, it is argued that these segregated lines of reasoning should be integrated, both to reflect and to progress a composite understanding of Union territory as a place in which concerns for Union citizens, for Member States, and for the system underpinning the EU legal order are more consistently acknowledged and more openly weighed.

Concentrate Questions and Answers EU Law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Sex Discrimination ◽  
Eu Law ◽  
Community Law ◽  
Eu Member States ◽  
Court Of Justice ◽  
Wide Range ◽  
Questions And Answers ◽  
Free Movement Of Goods ◽  
Legislative Processes ◽  
The Eu

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 Community 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. Next the book looks at 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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