Results 261 to 270 of about 5,789,845 (351)

The use of EU soft law by national courts and bureaucrats: how relation to hard law and policy maturity matter

, 2021
Soft law instruments account for a sizable share of EU legal acts, with growing importance over time. Yet, while the implementation of hard EU law has been widely studied, little is known about the use of EU soft law at the national level. In the article,
M. Hartlapp, A. Hofmann
semanticscholar   +1 more source

The Evolving Judicial Politics of European Integration: The European Court of Justice and National Courts Revisited

European Law Journal, 2019
This article analyzes how the judicial politics sparked by the European Union's (EU) legal development have evolved over time. Existing studies have traced how lower national courts began cooperating with the European Court of Justice (ECJ) to apply EU ...
T. Pavone, R. Daniel Kelemen
semanticscholar   +1 more source

The Strength of Weak Review: National Courts, Interpretive Canons, and Human Rights Treaties

International Studies Quarterly, 2019
Enforcement of international law is often delegated to national courts, creating a space for them to play a part in international judicialization. Under what conditions can they do so?
Y. Lupu, Pierre-Hugues Verdier, Mila Versteeg   +2 more
semanticscholar   +1 more source

Judicial Empowerment Expanded: Political Determinants of National Courts' Cooperation with the CJEU

European Law Journal, 2019
Scholars in EU studies have developed diverse justifications for explaining why national judges cooperate with the Court of Justice of the European Union. In this regard, judicial empowerment theories have stressed the strategic importance of cooperation
Juan A. Mayoral
semanticscholar   +1 more source

Enforcing Judgments of International Courts in National Courts

Journal of International Dispute Settlement, 2014
R. F. Oppong, L. C. Niro
openaire   +2 more sources

Towards an EU law doctrine on the exercise of discretion in national courts? The Member States’ self-imposed limits on national procedural autonomy

Common market law review, 2016
While it is widely recognized that national procedural law must satisfy the minimum requirements of effectiveness and equivalence, the way procedural law is regulated is generally considered a matter of Member State autonomy.
Anna Wallerman
semanticscholar   +1 more source

Remedies in National Courts

2023
Abstract This chapter, which examines the issues concerning the responsibility for procedural rules and remedies between European Union (EU) and national law, discusses the relevant jurisprudence of the Court of Justice (CJ) and explains how it has developed the principles of equivalence and effectiveness, notably in specific fields such
Marios Costa, Steve Peers
openaire   +1 more source

National Courts as European Community Courts

Legal Studies, 1994
The 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 ...
openaire   +1 more source

National Courts Step Up: Syrian Cases Proceeding in Domestic Courts

SSRN Electronic Journal, 2019
Abstract Following the discussion of the options for invoking the International Criminal Court (ICC) or creating a new international institution to address the crimes in Syria, chapter 7 explores the potential for domestic courts to fill this impunity gap. Principles of complementarity, including the incorporation of international crimes
openaire   +1 more source

National Courts and European Union Courts

2012
Despite 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 ...
openaire   +1 more source