Results 11 to 20 of about 442,991 (291)
THE PLAUMANN TEST AND THE INCOMPATIBILITY WITH THE PRINCIPLE OF EFFECTIVE JUDICIAL PROTECTION
Revista Eletrônica de Direito Processual, 2021 The action for annulment is the judicial remedy used to attack acts edited by the Community institutions. The Treaty on the European Community (EC) says the individuals, to have locus standi conditions, shall demonstrate they are direct and individual ...
Paula Ferreira Bovo +1 more
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Effective redress of grievance in data protection : an illusion? [PDF]
, 2016 This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law.
Varney, Mike
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Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic
Central European Public Administration Review, 2019 This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help
Soňa Skulová +3 more
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An approach to today's EU constitutionality control - understanding this EU inter-jurisdictional phenomenon in light of effective judicial protection [PDF]
, 2017 Under today’s European constitutional demands, effective judicial protection sets the tone concerning potential jurisdictional instruments able to act as constitutionality control mechanisms.
Abreu, Joana Rita Sousa Covelo
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The welfare effects of minority-protective judicial review [PDF]
Journal of Theoretical Politics, 2014 Constitutional theorists usually assume that minority-protective judicial review leads to outcomes more favorable to the protected minority and less favorable to the majority. Our analysis highlights an indirect effect of judicial review that complicates this conventional wisdom.
Justin Fox, Matthew C Stephenson
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Maastricht Journal of European and Comparative Law, 2022 The EU general principle of effective judicial protection is the epitome of the EU liberal-constitutionalism. The creative force of this principle has emerged, among others, in connection with the protection of the rule of law and the introduction of procedural guarantees both at the national and EU level.
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Studia Iuridica Lublinensia, 2021 The article is aimed at showing the hesitant and slow developments whereby the Hungarian administrative justice should be approached to the dualistic model of administrative justice.
Krisztina F. Rozsnyai
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Judging the Next Emergency: Judicial Review and Individual Rights in Times of Crisis [PDF]
, 2003 How should we judge judicial review from the standpoint of protecting the constitutional rights and liberties of the vulnerable in times of crisis? It is in times of crisis that constitutional rights and liberties are most needed, because the temptation
Cole, David
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Protecting the property of the mentally ill: the judicial solution in nineteenth century lunacy law [PDF]
, 2013 Author's post-print draft. Final version published by Cambridge University Press; available online at http://journals.cambridge.org/The modern legal framework for the protection of the mentally ill was conceived and developed in the nineteenth century. A
Chantal Stebbings +5 more
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Remedies and Effective Judicial Protection in community Law [PDF]
The Modern Law Review, 1994 One has to admire the tenacity of Miss Marshall. Some thirteen years after an Industrial Tribunal took an imaginative and bold decision, declaring that Article 5(1) of the Equal Treatment Directive (ETD)’ was capable of creating direct effect between the applicant and her employer, Miss Marshall is still battling to receive adequate compensation for ...
Barry Fitzpatrick, Erika Szyszczak
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