Results 11 to 20 of about 1,692 (109)

The Limitations of a Multilingual Legal System [PDF]

open access: yes, 2015
Journal ArticleThis is the author version of an article accepted for publication by Springer. The final publication is available at Springer via http://dx.doi.org/10.1007/s11196-013-9314-0The Court of Justice of the European Union (CJEU) and the way in ...
McAuliffe, Karen
core   +1 more source

Multilingual Law and Judicial Interpretation in the EU

open access: yesCroatian Yearbook of European Law and Policy, 2009
The purpose of this article is to assess how multilingualism affects judicial interpretation of EU law. In the EU, the European Court of Justice is in the position of having the final say on what EU norms mean.
Tamara Ćapeta
doaj   +1 more source

Ancora sulla portata e gli effetti dell’art. 267 tfue. in margine al caso Puligienica [PDF]

open access: yes, 2016
In its judgment of 5 April 2016, in Puligienica, the CJEU extended to the relationship between the chambers and the plenary session of the supreme administrative court of a Member State its previous case-law on the national courts’ discretion to request ...
CIMIOTTA, EMANUELE
core   +1 more source

The impact of EU expansion on the Preliminary Rulings Procedure [PDF]

open access: yes, 2008
In CILFIT (case 283/81), the European Court of Justice (ECJ) endorsed the use of the acte clair doctrine – the notion that national courts of “last resort” may decide to refrain from seeking a preliminary ruling under Article 234 (3) EC.
Storey, Tony
core  

The right to climate protection and the essentially comparable protection of fundamental rights: Applying Solange in European climate change litigation?

open access: yesReview of European, Comparative &International Environmental Law, Volume 33, Issue 2, Page 265-275, July 2024.
Abstract In an action for annulment against the European Union (EU) Emissions Trading Directive, both the EU General Court and the Court of Justice of the EU (CJEU) found the claim to be inadmissible because the applicants did not satisfy the infamous Plaumann criteria.
Michael Kalis, Anna‐Lena Priebe
wiley   +1 more source

A Matter of Prescriptive Clarity? Analysing How Swedish Judges' Motives for Action Vary in the Preliminary Ruling Procedure

open access: yesJCMS: Journal of Common Market Studies, Volume 62, Issue 2, Page 468-486, March 2024.
Abstract This article explores how national judges' reasoning in the preliminary ruling procedure varies depending on the prescriptive clarity of European Union (EU) legal frameworks. Drawing on the logic of appropriateness and the logic of expected consequences, this article formulates hypotheses regarding judges' motivational patterns.
Karin Leijon
wiley   +1 more source

The Unfolding Story of Judicial Dialogue in the EU: The Coercive and Persuasive Motives Behind the Participation of Belgian Highest Courts in the Preliminary Ruling Procedure

open access: yesGerman Law Journal
The story of national judges’ participation in the process of dialogue with the Court of Justice of the European Union (ECJ) pursuant to Article 267 TFEU is a well-known one.
Urszula Jaremba, Marleen Kappé
doaj   +1 more source

Developments in Belgian constitutional law : the year 2016 in review [PDF]

open access: yes, 2017
This contribution presents an overview of the Belgian Constitutional Court and its activities during 2016. Two constitutional controversies that were at the forefront of political discussions and attracted much media attention are discussed, namely the ...
Cannoot, Pieter   +4 more
core   +2 more sources

Implementing China and Hong Kong's Preliminary Reference System: Transposability of Article 267 TFEU Principles [PDF]

open access: yes, 2014
Article 158(3) of Hong Kong’s post-handover constitution stipulates a preliminary reference procedure that was modelled upon article 267 of the Treaty on the Functioning of the European Union (“TFEU”). In the first 16 years of its life, Hong Kong’s Court
Chan, CSW
core   +3 more sources

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