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Court of Justice

European Taxation, 2016
(Non-contractual liability of Member States — Damage caused to individuals by infringements of Community law attributable to a national court adjudicating at last instance — National legislation limiting State liability to cases of intentional fault and ...
O. Popa
semanticscholar   +3 more sources

The principle of mutual trust and the protection of fundamental rights in the Area of Freedom, Security and Justice: A critical look at the Court of Justice's stone-by-stone approach

Maastricht Journal of European and Comparative Law, 2023
The principle of mutual trust has become a structural principle of EU law that underpins many rules of primary law as well as secondary legislation both in the field of internal market and in that of the area, of freedom, security and justice.
Cecilia Rizcallah
semanticscholar   +1 more source

Strategic Litigation before the International Court of Justice: Evaluating Impact in the Campaign for Rohingya Rights

European journal of international law, 2022
Strategic litigation, a form of litigation brought with the goal to stimulate structural change, is a growing practice in international courts. Although there has been increased scholarly attention on these trends, it has yet to consider the impact ...
M. Ramsden
semanticscholar   +1 more source

Delegation, Compliance, and Judicial Decision Making in the Court of Justice of the European Union

Journal of Law and Courts, 2022
Courts regularly delegate tasks to individual or small subsets of judges. While a substantial literature addresses delegation in the context of American courts, less is known about why and how courts delegate from a comparative perspective.
Sivaram Cheruvu, Jay N. Krehbiel
semanticscholar   +1 more source

Can International Courts Enhance Domestic Judicial Review? Separation of Powers and the European Court of Justice

Journal of Politics, 2021
How courts ensure the efficacy of their decisions poses one of the central challenges to the quality of modern liberal democracy. In this article, we consider how the ability of domestic courts to engage with their international counterparts through ...
Jay N. Krehbiel, Sivaram Cheruvu
semanticscholar   +1 more source

Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa

Journal of Contemporary African Studies, 2021
Governed by the Rome Statute, the International Criminal Court (ICC) marks the first attempt by the international community to end impunity for war crimes, crimes against humanity, crimes of aggression, and genocide through a permanent judicial system ...
Laurent Engels
semanticscholar   +1 more source

Failing backward? EU citizenship, the Court of Justice, and Brexit

Journal of European Public Policy, 2021
Developments in European Union (EU) citizenship rights meet expectations of the ‘failing forward’ framework that fuses insights from liberal intergovernmentalist and neofunctionalist integration theories, whereby member state disagreements produce an ...
L. Conant
semanticscholar   +1 more source

Obligations erga omnes and the question of standing before the International Court of Justice

Leiden Journal of International Law, 2021
A number of states have in recent years sought to invoke the responsibility of other states for breaches of their international obligations erga omnes.
Priya Urs
semanticscholar   +1 more source

Court of Justice

European Taxation, 2022
This overview highlights the ECJ’s decision on the incompatibility of legislation providing that the reimbursement of withholding tax on portfolio dividends received by a company established in another EU Member State is subject to conditions that are not applicable if the dividends are received by a company resident in the Member State.
openaire   +1 more source

A new conceptual framework for enhancing legal information retrieval at the Brazilian Superior Court of Justice

International ACM Conference on Management of Emergent Digital EcoSystems, 2020
Effective retrieval of jurisprudence (case-law) is imperative to achieve consistency and predictability for any legal system. In this work, we propose and proceed to an empirical evaluation of a framework for jurisprudence retrieval of the Brazilian ...
Thiago Gomes, M. Ladeira
semanticscholar   +1 more source

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