Directives Rights and Remedies in English and Community Law

Directives  Rights and Remedies in English and Community Law

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.

Author: Richard Brent

Publisher: Taylor & Francis

ISBN: 9781000341386

Category: Law

Page: 388

View: 678

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: 140

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

It has been the direct effect of Treaty Articles and Directives which has given rise to controversy . ... that national courts would seek to link the new rights derived from Community law with the remedies available under national law .

Author: Francis Jacobs

Publisher: Oxford University Press

ISBN: 0198265921

Category: Law

Page: 295

View: 670

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

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: 99

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

The Practice and Procedure of the Commercial Court

The Practice and Procedure of the Commercial Court

... the Law by Sevérine Saintier and Jeremy Scholes (2005) Arbitration Act 1996 3rd edition by Robert Merkin (2005) Sale of Goods Edited by Professor Ewan McKendrick (2000) Directives: Rights and Remedies in English and Community Law by ...

Author: Anthony Colman

Publisher: Taylor & Francis

ISBN: 9781000340570

Category: Law

Page: 368

View: 534

Practice and Procedures of the Commercial Court is primarily intended as a reference for those who practice in the Court, it also sets those practices and procedures in context, including the Commercial Court’s history. It includes the principles and procedure for obtaining and discharging freezing injunctions and the procedures for The Court’s supervisory jurisdiction over arbitrations as well.
Categories: Law

Restitution and European Community Law

Restitution and European Community Law

( 6 ) No new remedies ? The requirement that a specific remedy should be available to rectify an infringement of Community law and to give effective protection to Community rights may put pressure on a national court hearing the claim .

Author: Alison Jones

Publisher: Taylor & Francis

ISBN: 9781000286359

Category: Law

Page: 242

View: 399

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

Law of the European Union

Law of the European Union

The contract was void because it was in breach of Community competition law ( the former Art 85 EC Treaty ( now Art 81 ) ) . The claimant was suing the defendant for breach of this contract . English law prevented a party to an illegal ...

Author: John Fairhurst

Publisher: Pearson Education

ISBN: 1405846887

Category: Law

Page: 771

View: 895

The new edition of Law of the European Union has been fully updated to include all recent changes in this rapidly expanding area of the law. The book clearly and accurately explores constitutional and administrative law as well as the major areas of substantive law which are also considered in the context of the implementation within the UK. Topics are extensively illustrated with decisions from the European Court of Justice and Court of First Instance enabling students to consider the principles of law in a realistic context.
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: 896

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

Festschrift Liber Amicorum Tu rulansay

Festschrift Liber Amicorum Tu rulansay

On the other hand, the Member State is bound by Community law to enforce a directive under the conditions set out ... of its supposed rights by a foreseeable implementation of a directive have a remedy against the directive itself, ...

Author: Sabih Arkan

Publisher: Kluwer Law International B.V.

ISBN: 9789041125149

Category: Law

Page: 562

View: 396

Turul Ansay is an outstanding figure in the landscape of comparative law. In a field that holds ever-growing promise for the future, he continues to manifest his tireless spirit in a wide arc of influential activity. The spectrum of his achievement encompasses many areas of substantive law as well as legal education. He is noted also for his direct contributions to the national legal systems of more than a few countries notably that of his native Turkey contributions characterized by the deep integrity that a truly comparative perspective brings. This impressive Festschrift in honour of Dr. Ansay's 75th birthday presents signal contributions by no less than thiry-six of his colleagues and fellow-comparatists, all of them well-known scholars in their fields. They offer insightful views on some of the many tasks of legal scholarship taken up by Dr. Ansay in the course of his long career, including such areas as the following: European competition law Conflicts of labor law conflicts among EC law and various national legal systems European real property law multiple nationality and diplomatic protection fundamental rights and private international law international consumer protection family relations in foreign law and in international family law Rights on immovable properties in Europe international agreements on jurisdiction the Anglo-internationalisation of law and language foreign direct investment protection legal education in Germany The wealth of material in this book represents a treasury of commentary and information that no student of comparative law will want to do without. Because of its array of outstanding authors in the field and its important sidelights on such areas as transplanted law, legal and social change, comparative law methodology, European legal integration and convergence, and cross-border import and export of ideas and institutions, this book is far more than a liber amicorum: it is a major new contribution to the field of comparative law, and will be of great value not only to academics but to lawyers involved in cross-border practice in areas such as family law, human rights law, and international business transactions.
Categories: Law

Human Rights in Scotland

Human Rights in Scotland

developed their own jurisprudence as to the meaning which is to be given to the expression ' non - governmental organisation ' in ... para 23 ; Brent , Directives : Rights and Remedies in English and Community Law ( 2001 ) , para 15.11 ...

Author: Keith D. Ewing

Publisher:

ISBN: UOM:39015060650499

Category: Civil rights

Page: 606

View: 157

The Mortgage (Rights) Scotland Act 2001 alters the law relating to property repossessions in Scotland. It gives the courts a discretionary power to refuse repossession orders where a secured lender wishes to recover property. This book gives an account of this legislation and its likely impact
Categories: Civil rights