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Public law. Constitutional law --- European law --- Remedies (Law) --- Voies de droit --- -Remedies (Law) --- -International and municipal law --- -347.077094 --- Uf4.3 --- International law --- Law --- Municipal and international law --- Civil remedies --- Code remedies --- Actions and defenses --- Civil procedure --- Influence --- International law influences --- 347.077094

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European law --- Legal theory and methods. Philosophy of law --- Judicial review --- Uf4.2 --- Review, Judicial --- Courts --- Rule of law --- 341.2422 --- Constitutional law --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Separation of powers --- Judicial review - European Union countries --- Contrôle juridictionnel des lois

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"Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law"--Provided by publisher.

Government liability --- Administrative responsibility --- Administrative law --- Remedies (Law) --- -342.088094 --- Ud3 --- Uf4.1 --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Law and legislation --- Government liability - European Union countries --- Administrative responsibility - European Union countries --- Administrative law - European Union countries --- Remedies (Law) - European Union countries

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The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.

Comparative law --- Procedure (Law) --- Courts --- Droit comparé --- Procédure (Droit) --- Tribunaux --- Court of Justice of the European Union --- Rules and practice. --- Procédure (droit européen) --- Administration (droit européen) --- Union européenne. --- -Court rules --- Uf4.2 --- T09 Jurisprudence - Rechtspraak --- Rules of court --- Court of First Instance of the European Union. --- CJEU --- Gerichtshof der Europäischen Union --- Cour de justice de l'Union européenne --- Curia (Court of Justice of the European Union) --- Európai Unió Bírósága --- Trybunał Sprawiedliwości Unii Europejskiej --- -341.2422 --- Court of Justice of the European Union. --- European Union. --- Justice --- CJUE --- Court of Justice of the European Communities --- procesrecht --- Law of civil procedure --- Europe --- Tribunal de Justicia de la Unión Europea --- European Union. Court of Justice of the European Union --- Hof van Justitie van de Europese Unie --- Union européenne --- Procedure (Law) - European Union countries --- Courts - European Union countries --- -Court of Justice of the European Union. --- Procédure (droit européen) --- Administration (droit européen) --- Union européenne

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Law of civil procedure --- European law --- European Union --- 347.4 --- Uf4.2 --- Court of Justice of the European Communities. --- Cour de justice des communautés européennes --- Gerichtshof der Europäischen Gemeinschaften --- Corte di giustizia delle comunità europee --- Dikastērion tēs Europaikēs Oikonomikēs Koinotētos --- Hof van Justitie van de Europese Gemeenschappen --- Tribunal de Justicia de las Comunidades Europeas --- GHEG --- European Atomic Energy Community. --- European Economic Community. --- European Court of Justice --- Europäischer Gerichtshof --- Curtea de Justiție a Comunităților Europene --- Ōshū Shihō Saibansho --- G.H.E.G. --- Tribunal de Justiça das Comunidades Europeias --- Sud evropeĭskikh soobshchestv --- Avrupa Toplulukları Adalet Divanı --- Tribunal de Justiça das Comunidades --- Curia Communitatum Europaearum --- Eurōpaiko Dikastērio --- Dikastērio Eurōpaikōn Koinotētōn --- DEK --- EuGH --- ECJ --- D.E.K. --- Europejski Trybunał Sprawiedliwości --- ETS --- Dikastērio tōn Eurōpaikōn Koinotētōn --- CEJ --- European Union. --- European Coal and Steel Community. --- Court of Justice of the European Union