Directives Rights and Remedies in English and Community Law

Directives  Rights and Remedies in English and Community Law

INTRODUCTION 11.01 It is trite Community law that whilst the directive prescribes the result to be achieved, the choice of form and methods by which the provisions of a directive are “transposed” into provisions of national law is that ...

Author: Richard Brent

Publisher: Taylor & Francis

ISBN: 9781000341386

Category: Law

Page: 388

View: 209

Directives: Rights and Remedies in English and Community Law analyses the impact of EC Directives on national law, which has long been a problem and continues to be so - both in terms of interpretation and implementation. This book from barrister Richard Brent provides the reader with practical and invaluable insights on the legislative processes involved, the legal basis for adoption of Directives, the transposition and implementation of Directives.
Categories: Law

Protecting Children in the Digital Era

Protecting Children in the Digital Era

Brent, Richard, Directives: rights and remedies in English and Community law, London, LLP, 2001, 133; Prechal, Sacha, Directives in EC law, Oxford, Oxford University Press, 2005, 91 and 142–145. 459 ECJ, Marguerite Johnston v.

Author: Eva Lievens

Publisher: BRILL

ISBN: 9789004189720

Category: Political Science

Page: 604

View: 593

Against the background of the European legal framework, this books offers a comprehensive analysis of the use of alternative regulatory instruments, such as self- and co-regulation, to protect minors in the digital media environment.
Categories: Political Science

European Community Law in the English Courts

European Community Law in the English Courts

All those rights and liabilities , remedies , and procedures arising under the Equal Treatment Directive became enforceable in English Courts by virtue of Section 2 of the 1972 Act . Without Community law , the claims by the ex ...

Author: Francis Jacobs

Publisher: Oxford University Press

ISBN: 0198265921

Category: Law

Page: 295

View: 628

This book examines from a practical perspective the increasingly significant impact of European Community law on English domestic law and procedure. It examines both the general principles of how EC law is given effect in the English courts, and also the impact that EC law has had on a numberof particular key areas of English law. The highly eminent team of contributors is drawn from members of the judiciary and leading academics and practitioners in the field. The volume will be welcomed by practitioners and scholars alike as an illuminating study of how the domestic legal communityhas responded to the challenges posed by a new legal system which seems fundamentally different in many respects from their own. From the Foreword by Lord Bingham of Cornhill, the Lord Chief Justice 'The book makes plain the pervasive influence of Community Law on broad swathes of our economic and social life. Through the medium of our national courts, Community Law has become a central feature of legal life, and it can no longer be seen (as perhaps it once was) as an arcane study pursued by ahandful of eccentric lawyers with a taste for the occult This is a very interesting book, and a very timely one. The editors are to be congratulated on assembling an outstanding team of judges, practitioners and academics to address these important, topical and challenging issues.'
Categories: Law

Restitution and European Community Law

Restitution and European Community Law

See also Charges wrongly levied etc. rights of claimant under EC law , 14-17 , 18 whether claim falls within existing English rules , 95 Restitution required by Community act Directive , 68-69 Regulation , 67–68 proceedings in national ...

Author: Alison Jones

Publisher: Taylor & Francis

ISBN: 9781000286359

Category: Law

Page: 242

View: 440

The growth in prominence of the law of restitution and European Community law has resulted in the creation of a body of case law, which is contained within this work. This book examines the Community rules that affect restitutionary claims commenced in the English courts. This book considers the affect that EC rules may have on the development of specific areas of the English law of restitution, it sets out the circumstances in which the development of English rules governing restitutionary claims might be affected by the requirements of Community law, and examines in detail the Community rules which affect restitutionary claims commenced before the national courts and attempts to rationalise and to explain them within the framework of the principle of unjust enrichment. It is essential reading for practitioners as well as academics and postgraduate students.
Categories: Law

Collected Courses of the Academy of European Law 1997 European Community Law

Collected Courses of the Academy of European Law 1997 European Community Law

In the same publication there are national reports from various Member States and from the Community. See also with special regard to the English law on remedies, Weatherill, 'National Remedies and Equal Access to Public Procurement', ...

Author: Academy of European Law

Publisher: Kluwer Law International B.V.

ISBN: 9789041115799

Category: Law

Page: 392

View: 233

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).
Categories: Law

Civil Procedure in EU Competition Cases Before the English and Dutch Courts

Civil Procedure in EU Competition Cases Before the English and Dutch Courts

With respect to rights and remedies in terms of EC law see generally: W. van Gerven, 'Bridging the Gap Between Community and National Laws', CMLRev 36 (1995): 1271; S. Prechal, 'Community ...

Author: George Cumming

Publisher: Kluwer Law International B.V.

ISBN: 9789041131928

Category: Law

Page: 395

View: 970

For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: and•standing; and•disclosure and access to evidence; and•burden of proof; and•fault/no fau and•costs of damages actions; and•injunctions; and•civil versus administrative enforcement; and•limitations; and•leniency programmes; and•collective actions; and•confidentiality; and and•forms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.
Categories: Law

Cases and Materials on EU Law

Cases and Materials on EU Law

F. Snyder, 'The Effectiveness of European Community Law: Institutions, Processes, Tools and Techniques' (1993) 56 MLR ... Rights in English Courts' (1987) 50 MLR 881; Steiner, 'How to Make the Action Suit the Case: Domestic Remedies for ...

Author: Stephen Weatherill

Publisher: Oxford University Press

ISBN: 9780198748809

Category: Law

Page: 721

View: 942

Cases and Materials on EU Law is a highly respected EU law text and the only cases and materials book in the field. With his clear, engaging writing style, Stephen Weatherill presents the main constitutional and substantive areas of EU law alongside the themes and principles that have shaped the development of the EU and its policies. The 12th edition provides a wealth of carefully selected case law alongside engaging extracts and materials to help explain the complexities of EU law in a contextualized and thought-provoking manner. Insightful author notes and questions accompany each extract, providing valuable additional detail to challenge understanding and encourage students to engage critically with the material. This title is accompanied by an Online Resource Centre, providing students with extra learning materials including: - an interactive map of Europe - a timeline of the EU - video footage - a guide to further web resources - a table of equivalences - legal updates - guidance for lecturers on using the book when teaching.
Categories: Law

The Evolution of EU Law

The Evolution of EU Law

rule'.100 Both the direct effect and the duty to disapply incompatible national law are established to ensure the ... of effective judicial protection and the fundamental right to an effective remedy Another autonomous strand of cases ...

Author: Paul Craig

Publisher: Oxford University Press

ISBN: 9780192661807

Category: Law

Page: 1024

View: 211

This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.
Categories: Law

Enforcement of Intellectual Property Rights in Dutch English and German Civil Procedure

Enforcement of Intellectual Property Rights in Dutch  English and German Civil Procedure

Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.

Author: George Cumming

Publisher: Kluwer Law International B.V.

ISBN: 9789041127266

Category: Law

Page: 317

View: 234

EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.
Categories: Law

Individual Rights in EU Law

Individual Rights in EU Law

remedy, on the other, must also be further scrutinized. Phenomena such as the 'passing on' of the effects of a rights violation from a right holder to a non-right holder may be crucial not only to damages claims, but also to claims in ...

Author: Bjarte Thorson

Publisher: Springer

ISBN: 9783319327716

Category: Law

Page: 395

View: 444

This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.
Categories: Law