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The EU Courts as national courts: National law in the EU judicial process
Common Market Law Review, 2017This article examines the situations in which the laws of the Member States are relevant before the European courts. The presence of national law in the EU judicial process raises a series of questions linked to its legal status. In order to assess whether the current answers to such questions are appropriate, the article underlines that national law ...
Silvère Lefèvre, Miro Prek
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National Courts as European Community Courts
Legal Studies, 1994The national courts of the European Community are faced with a formidable task. On the one hand, judges are appointed and operate within their own domestic legal order, and derive their authority from their national constitutions. On the other hand, with the advent of the Community and the development of the doctrines of direct effect and supremacy ...
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National Courts and European Union Courts
2012Despite early claims to the sovereignty of Community law, a process of mutual accommodation and support between legal systems has developed in which crude interpretations of a legal hierarchy have virtually disappeared. The sovereignty of Community law over national laws has long been accepted but that recognition is based in national constitutions ...
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2019
Abstract This chapter looks at the role of national courts in international arbitration. Arbitrators, as private persons, lack the coercive police power of the state. At various stages in the arbitration process, effective adjudication may therefore become difficult to achieve without implementation or the threat of implementation by ...
Borzu Sabahi, Noah Rubins, Don Wallace
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Abstract This chapter looks at the role of national courts in international arbitration. Arbitrators, as private persons, lack the coercive police power of the state. At various stages in the arbitration process, effective adjudication may therefore become difficult to achieve without implementation or the threat of implementation by ...
Borzu Sabahi, Noah Rubins, Don Wallace
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2008
Abstract National courts have extensive control over people and assets and, thus, have impressive capacity to enforce international law. More international law is likely enforced through national courts than in any other manner. Decisions flowing from almost 200 court systems may lead to varying and even conflicting decisions as to the ...
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Abstract National courts have extensive control over people and assets and, thus, have impressive capacity to enforce international law. More international law is likely enforced through national courts than in any other manner. Decisions flowing from almost 200 court systems may lead to varying and even conflicting decisions as to the ...
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2018
This chapter presents the methodology and findings of a comparative international law study of national judicial use of the Convention on the Elimination of All Forms of Discrimination Against Women, one of the key human rights covenants that go to make up what has been called the international Bill of Rights.
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This chapter presents the methodology and findings of a comparative international law study of national judicial use of the Convention on the Elimination of All Forms of Discrimination Against Women, one of the key human rights covenants that go to make up what has been called the international Bill of Rights.
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Enforcement in the National Courts
2013Abstract This chapter discusses the role of national courts in the procedures for the enforcement of State aid in the EU. After a discussion of the Article 108(3) standstill provision, the chapter addresses the various State aid remedies available in national courts, including challenges to the validity of national measures, recovery ...
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2005
Abstract The very purpose of directives is their implementation in national law. As a rule, therefore, their provisions should apply within the national legal order in their ‘converted’ form, i.e. as provisions of national law. Whenever the question of effects of directives is addressed, this should be the point of departure. This normal
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Abstract The very purpose of directives is their implementation in national law. As a rule, therefore, their provisions should apply within the national legal order in their ‘converted’ form, i.e. as provisions of national law. Whenever the question of effects of directives is addressed, this should be the point of departure. This normal
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