Essays about: "National Procedural Autonomy"
Showing result 1 - 5 of 7 essays containing the words National Procedural Autonomy.
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1. The Organization of the Judiciary in EU Member States – an Internal Affair?
University essay from Uppsala universitet/Juridiska institutionenAbstract : Recent events in the Member States of the EU have shown that the common values of the Union, inter alia the rule of law, might not be guaranteed across the Union as once hoped for. Scholars speak of a “rule of law crisis” while the Parliament and the Commission have activated Article 7 TEU, the so called “nuclear option”, regarding the situation in two of the Union’s 27 Member States, namely Poland and Hungary. READ MORE
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2. The Challenge of Arbitral Awards : Arbitrators' application of the "wrong" substantive law - a ground for challenge!
University essay from Juridiska institutionenAbstract : This thesis examines whether arbitrators’ application of the wrong substantive law is a ground for challenge of arbitral awards. The topic is divided into the theoretical question of whether to refer the arbitrators’ application of the wrong substantive law to excess of mandate or procedural irregularity, and the practical question of how national courts handle the demarcation problems that occur in review of awards. READ MORE
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3. Self Preserving Policy or Fundamental Rights Adjudication? – Mapping EU limitations of National Procedural Autonomy in the Name of Effective Judicial Protection
University essay from Lunds universitet/Juridiska institutionenAbstract : This thesis examines the complex legal landscape of situations where the national procedural autonomy of EU Member States is affected by the general principle of EU law known as the principle of effective judicial protection. The meaning of effective judicial protection is unclear in the legal doctrine as well as in the case law from the Court of Justice of the European Union. READ MORE
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4. Allocation of the burden of proof and status of domestic administrative procedural law norms in the EU VAT sphere
University essay from Lunds universitet/Institutionen för handelsrättAbstract : Due to the lack of procedural rules at level of EU law and pursuant to Article 273 of the VAT Directive and Article 325 of the TFEU Member States have procedural autonomy to lay down administrative procedural rules with the goal to ensure proper collection of VAT. Because Member States are empowered with national procedural autonomy, the domestic procedural law through which EU law is exercised differs from one Member state to another. READ MORE
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5. Effective private enforcement of EU competition law : A justification for legislative harmonization of national procedural rules?
University essay from Juridiska institutionenAbstract : In the strive towards a highly competitive market, the European Commission has long promoted an extensive use of so-called private enforcement, where individuals claim their rights, as guaranteed by the acquis communautaire, before national courts. The incentive to litigate is, mostly, the right to receive damages for loss suffered due to another private party’s violation of the EU antitrust rules, established by the CJEU in its famous ruling in Courage, in 2001. READ MORE
