Essays about: "preliminary ruling procedure"

Showing result 1 - 5 of 15 essays containing the words preliminary ruling procedure.

  1. 1. Article 34 SCA - An Obligation to Request an Advisory Opinion of the EFTA Court?

    University essay from Lunds universitet/Juridiska institutionen

    Author : Arnar Axelsson; [2018]
    Keywords : EEA Law; Advisory Opinions; The EFTA Court; Preliminary References; Article 34 SCA; Law and Political Science;

    Abstract : 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

  2. 2. To Ask, or Not to Ask - On the Role of National Courts in the European Union Legal System

    University essay from Uppsala universitet/Statsvetenskapliga institutionen

    Author : Josefina Hessel; [2017]
    Keywords : ;

    Abstract : 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

  3. 3. The Member States and the Court of Justice - Why do Member States participate in preliminary reference proceedings?

    University essay from Göteborgs universitet/Statsvetenskapliga institutionen

    Author : Floris van Stralen; [2015-12-01]
    Keywords : ;

    Abstract : 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

  4. 4. 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 institutionen

    Author : Maj Gustafsson; [2014-12-17]
    Keywords : Article 267 TFEU; Preliminary Ruling Procedure; European Court of Justice; European integration; European Commission; judicial politics; separation of powers; EU migration policy;

    Abstract : 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

  5. 5. The legally binding Charter and the EU’s accession to the ECHR - Consequences of Art 6 TEU for the autonomy of EU law and fundamental rights protection within Europe

    University essay from Lunds universitet/Juridiska institutionen

    Author : Agnes Smedberg; [2013]
    Keywords : The prior involvement mechanism; ne bis in idem; the autonomy of EU law; the EU s accession to the European Convention on Human Rights; the Charter of Fundamental Rights of the European Union; Fundamental rights; EU law; the co-respondent mechanism; Inter-Party complaints; the Bosphorus presumption; Law and Political Science;

    Abstract : This thesis analyses and discusses some of the substantial changes brought about for the field of fundamental rights by virtue of the entry into force of the Lisbon Treaty 1 December 2009; Art. 6(1) to the Treaty on European Union (TEU), according to which the Charter of Fundamental Rights of the European Union (CFREU) “shall have the same legal value as the Treaties” and Art. READ MORE