Essays about: "Preliminary Ruling Procedure"
Showing result 1 - 5 of 16 essays containing the words Preliminary Ruling Procedure.
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1. 'Guardian of the Rule of Law' - Effective enforcement of EU values through the rule of law framework
University essay from Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionenAbstract : Different EU institutions have handled the rule of law-crisis in different ways, with strong academic criticism towards the Commission regarding that they should have a more systematic and aggressive approach in their Article 258 TFEU procedures. Through an analysis of the different procedures available in Article 7 TEU, Article 258, 259 and 267 TFEU it is researched how effective these procedures are when examined together with a theory of effectiveness, for the purpose of upholding the fundamental principles and values in Article 2 TEU and enforce these. READ MORE
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2. Article 34 SCA - An Obligation to Request an Advisory Opinion of the EFTA Court?
University essay from Lunds universitet/Juridiska institutionenAbstract : This thesis examines the question of whether Iceland, Liechtenstein and Norway are under an obligation to refer questions on the interpretation of EEA law to the EFTA Court (the Court). These countries enjoy access to the EU’s internal market through the EEA Agreement. READ MORE
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3. To Ask, or Not to Ask - On the Role of National Courts in the European Union Legal System
University essay from Uppsala universitet/Statsvetenskapliga institutionenAbstract : This master´s thesis is an empirical study of Swedish national court rulings connected to European law never referred to the Court of Justice of the European Union for a preliminary ruling. National courts hold a significant position for European integration and the purpose for this study is to analyse what role national courts play in the European legal system. READ MORE
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4. The Member States and the Court of Justice - Why do Member States participate in preliminary reference proceedings?
University essay from Göteborgs universitet/Statsvetenskapliga institutionenAbstract : The aim of this thesis is to make a first attempt to establish why Member States decide to send observations to the Court of Justice of the European Union (CJEU or Court) in the preliminary reference procedure. There is a strong debate in the academic literature about the degree to which the CJEU can further European integration, independent of the preferences of the Member States. READ MORE
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5. A Political Bellwether? The European Commission’s Interaction with the Court of Justice of the European Union under the Preliminary Ruling Procedure
University essay from Göteborgs universitet/Statsvetenskapliga institutionenAbstract : Recent quantitative research has shown a sizable impact of the European Commission’s written observations on the preliminary rulings of the Court of Justice of the European Union. In explaining the high success rate of the Commission, scholars have referred to an old assumption according to which the Court uses the Commission as a ‘political bellwether’ to determine how farMember States may be pushed towards enhanced legal integration in any given case. READ MORE
