National Courts
The Relationship between International and National Courts in Prosecuting International Crimes: The Principle of Complementarity Perspective
... national courts. Usually international law is incorporated in national legal system or national courts often rely on international law for the construction of domestic legal ...that, ...
20
Criminal Liability for Environmental Damage – National Courts Versus the International Tribunal for the Law of the Sea
... and national courts in relation to two issues: confiscation and bond determination in fishery ...international courts and judgments in national courts for the same set of ...between ...
19
"Rethinking the Role of National Courts in European Integration: A Political Study of British Judicial Discretion"
... and national courts make no reference whatsoever to the relative frequency with which each member state provides preliminary ...whole...national courts, typically lower courts, have ...
21
The application of articles 85 and 86 of the EC treaty by national courts.
... why national courts are still not dealing with EC competition law widely and, unless some of them are resolved, may prevent national courts from becoming realistic alternative fora in the ...
375
The Triangular Relationship between the Commission, NRAs and National Courts Revisited
... why national courts ended up annulling NRA decisions on formal ...of national legal systems do not readily admit that independent authorities be given wide, discretionary powers, usually for reasons ...
22
Mutual Trust and Human Rights in the AFSJ: In Search of Guidelines for National Courts
... European Courts justi- fies a new ...European Courts, the goal of this contribution is to deduce common criteria from the European case-law to be applied by national courts when addressing ...
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An Analysis of National Courts Involvement in International Commercial Arbitration; Can International Commercial Arbitration Be Effective without National Courts?
... Under this concept, we see the very positive effect of the total autonomy advocated by the French arbitration law. Art.1448 of the CCP Decree provides that the effect of the Competence-Competence principle is the exclu- ...
10
References for preliminary rulings under Article 177 of the EEC Treaty and cooperation between the Court and national courts
... Contents 7 7 8 9 10 Part 1: The raison d'etre and function of the preliminary-ruling procedure Historical background The application of Community law in the Member States as a preconditi[r] ...
50
World Bank Tribunal Threatens El Salvador’s Development
... environmental authorizations and never submitted the final feasibility study. Despite significant domestic interest in the conflict, Pacific Rim did not allow national courts to adjudicate the case but ...
5
APPLICATION OF SOFT LAW INSTRUMENTS IN INTERNATIONAL ECONOMIC LAW: INSIGHTS ON LITHUANIAN PRACTICE ON THE LEGAL REGULATION OF CUSTOMS DUTIES
... the national courts in the Republic of Lithuania (Lithuanian Supreme Administrative Court (hereinafter - the Court) as the highest judicial instance in dealing with this kind of disputes), but the ...
12
Alexandr Svetlicinii, Enforcement of EU Competition Rules in Estonia: Substantive Convergence and Procedural Divergence
... A decade of decentralized enforcement of EU competition rules under the procedural framework of Regulation 1/2003 has produced a diverse enforcement record that varies among Member States. While the numbers of notified ...
19
Explaining the Use of Preliminary References by Domestic Courts in EU Member States: A Mixed-Method Comparative Analysis
... those courts or bad faith. In some cases, courts and the parties before them prefer closure of the case over the certainty that an issue of European law is correctly ...Domestic courts may also have ...
34
The Emsland-Stärke test of abuse of law in the law of agriculture and free movement of goods
... of national courts was viewed above as misplaced, another issue arises, namely that of ensuring the effectiveness of Community ...if national courts proved to be too keen to determine abuse of ...
22
Information on the Court of Justice of the European Communities. No. XIV. X/640/-E
... EUROPEAN COMMUNITIES - 1 INSTITUTIONS OF THE COMMUNITY - COURT OF JUSTICE - INTERPRETATION AND APPLICATION OF COMMUNITY LAW JURISDICTION OF THE COURT OF JUSTICE AND OF NATIONAL COURTS [r] ...
68
A citizen's Europe Europe on the move, 1991
... Will national courts guarantee them the en joyment of the specific rights of freedom of reSidence, access to employment and eligibility for social security benefits which the Community [r] ...
54
The EFTA Court. EIPAScope 1994(2):pp.1-5
... of national courts and tribunals of the EFTA States requesting advisory opinions on the interpretation of the EEA ...to courts and tribunals against whose decisions there is no judicial remedy under ...
5
European Community competition policy 1999. Summary of the annual report
... I — ANTITRUST: ARTICLES 81 AND 82 STATE MONOPOLIES AND MONOPOLY RIGHTS: ARTICLES 31 AND 86 Box 2: Cooperation with national authorities and national courts In the antitrust field, the 19[r] ...
112
Inga Kawka, Rights of an Undertaking in Proceedings Regarding Commitment Decisions under Article 9 of Regulation No. 1/2003
... of national courts and competition authorities may question the binding legal effects of commitment decisions and require undertakings to resort to measures that would infringe upon their commitments ...
24
Possibilities and Challenges of the EEA as an Option for the UK After Brexit
... Some mechanisms of dynamic homogeneity were built into the agreement itself. There are institutional mechanisms for homogeneity, surveillance procedure and set- tlement of disputes. In the preamble as well as in the ...
20
The extent and manner of judicial activism of the European Court of Justice in the area of Justice and Home Affairs
... The final way, the ECJ can push activist decisions through, is through strategic action. Precedent was important in this case. The principle of primacy had first been established in Costa v ENEL and has been reaffirmed ...
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