Cambridge Yearbook of European Legal Studies. Volume 03, by Alan Dashwood, Angela Ward, John Spencer, Christophe Hillion

By Alan Dashwood, Angela Ward, John Spencer, Christophe Hillion

This e-book presents a brand new discussion board for the scrutiny of important concerns in ecu Union legislations, the legislation of the Council of Europe, and Comparative legislation with a "European" measurement, and especially these that have come to the fore throughout the 12 months previous book. The contributions showing within the assortment are commissioned via the Centre for ecu felony reports (CELS) Cambridge. The papers awarded are all on the leading edge of the fields which they deal with, and replicate the perspectives of famous specialists drawn from the college international, felony perform, and the civil prone of either the european and its Member States. Inclusion of the comparative size brings a clean standpoint to the examine of eu legislations, and highlights the consequences of globalization of the legislation extra normally, and the ensuing go fertilization of norms and concepts that has happened between formerly sovereign and separate felony orders. The Cambridge Yearbook of eu felony reports is a useful source for these wishing to maintain speed with criminal advancements within the fast-paced global of ecu integration.

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There is no doubt that if the will is there it is possible. To go back to the 3 4 LORD SLYNN OF HADLEY beginning, should we even now adopt something resembling the American system. A two-part parallel court structure. It would have the advantage that specialised courts would at all stages deal with Community law: it might, I do not say it would, lead to a stronger constitutional court prepared to insist on the importance of centralist principals in the Union. It would, however, be a complete reversal of the principle that national judges are also Community law judges able to call on a central court for guidance on interpretation.

It considers that the Working Party's suggestion that the procedure for actions against Member States for failing to fulfil obligations, in particular to transpose directives, should be considered. And it also accepts that consideration should be given to the suggestion that the decision against a Member State should be taken by the Commission, leaving it to the Member State to bring an action for annulment in the ECJ. As to the special tribunals, the Commission considers various options such as the increase in the number of judges at the CFI, or of establishing specialised tribunals.

The court itself put forward a modest proposal as to the structure. "Let us set up a specialist tribunal for staff cases with a judge, a representative of the institutions and of the staff—all reminiscent of our own industrial tribunal. That was not agreed, largely as I understand it because in French administrative law to hive off the complaints of officials to an inferior court would have been unacceptable. The Future Judicial Architecture of the European Union But after some 14 years of discussion a Court of the First Instance (CFI) was set up to deal not only with staff cases but with cases involving detailed factual inquiries such as challenges to decisions of the Commission in competition cases.

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