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Who's afraid of the Charter? The Court of Justice, national courts and the new framework of fundamental rights protection in Europe

Common market law review, 2013
The Charter of Fundamental Rights of the European Union has forced the European Court of Justice and its national counterparts to face a series of difficult and principled questions: Who is the ultimate interpreter of fundamental rights in Europe?
Daniel Sarmiento
semanticscholar   +1 more source

National Court Enforcement

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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Role of National Courts

2013
Abstract abstracts and keywords to be supplied.
Jean Paul Keppenne   +1 more
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National Court Interference

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 a ...
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CEDAW in National Courts

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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The EU Courts as “national” courts: National law in the EU judicial process

Common Market Law Review, 2017
This 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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Infringement proceedings and non-compliant national courts

Common market law review, 2012
The Article discusses the question of whether and under what conditions the infringement procedures regulated in Art. 258/260 TFEU may and should be initiated with regard to definitive decisions of national courts which are contrary to EU law.
Maciej Taborowski
semanticscholar   +1 more source

The Relationship Between Internationalized Courts and National Courts

2004
Abstract Each of the four internationalized criminal courts examined in this book is embedded into, or grafted onto, the national legal order of one particular state: Yugoslavia/Kosovo, East Timor, Sierra Leone, and Cambodia. It is this connection that makes the courts ‘internationalized’ rather than ‘international’.
Kleffner, J.K., Nollkaemper, P.A.
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From court to nation

2011
Throughout the Middle Ages, England was rife with politics: at every level of society individuals and communities waged contests to acquire, exercise, and retain power and authority. Wealthy peasant families dominated village society and used their wealth and prestige to hold sway over their lesser neighbors and maintain their economic grip on the ...
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Remedies Before National Courts

2018
This chapter is concerned with the decentralized enforcement of European Union law, that is, the way in which national courts uphold the rights it confers on litigants. When the Court of Justice established in Van Gend en Loos that Union law was capable of conferring on litigants rights which the national courts were bound to protect, it had written ...
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