Law Commons^™

Judicial Protection Of Individual Applicants Revisited: Access To Justice Through The Prism Of Judicial Subsidiarity, Sanja Bogojevic

Sanja Bogojević

Rules on standing hold the power to enable, as well as foreclose, intervention in regulatory processes. As such, they determine whom, and according to which criteria regulatory power may be challenged. This makes standing rules pivotal to any legal system. In the EU context, the Court of Justice of the European Union (CJEU) has, over the years, been much criticised for its narrow interpretation of direct standing rules of individual applicants. Examining recent case law on standing of individual applicants, focusing on jurisprudence concerning mainly EU environmental law, this article sheds new light on this judicial approach, arguing that the …

Europeanization Of The Judiciary In Southeast Europe, Sanja Bogojevic

Sanja Bogojević

No abstract provided.

Adequate Legal Protection And Good Administration In Eu Asylum Procedures: The Case C-604/12 H.N. And Beyond, Sanja Bogojevic, Xavier Groussot, Megi Medzmariashvili

Sanja Bogojević

No abstract provided.

Subsidiarity As A Procedural Safeguard Of Federalism, Xavier Groussot, Sanja Bogojevic

Sanja Bogojević

The subsidiarity principle is of obvious importance in a federal legal order built on conferred competences. Here, the federal order refers to a dual-levelled form of governance, that is the central and the national that operate in constitutional plurality, or, in other words, the legal order of the European Union (the Union). In such mode of organization, the key issue is establishing and enforcing mechanisms whereby the efficiency of the federal structure is ensured while avoiding excessive centralization of regulatory power. The core ethos of the subsidiarity principle is thus to deal with the division of fields of competences between …

Lo Spirito Polemico Del Diritto Europeo Studio Sulle Ambizioni Costituzionali Dell’Unione, Giuseppe Martinico

Giuseppe Martinico

According to many scholars, the rejection of the Constitutional Treaty and the disappointment caused by the contents of the Lisbon Treaty –- defined by Somek (2007) as a mere post-Constitutional Treaty – mark the failure of any possible constitutional ambition for the European Union (EU). This book aims at challenging this point both from a theoretical point of view – by describing the EU as an example of “evolutionary constitutionalism” – and a pragmatic one (i.e., looking at the functioning of concrete constitutional experiences). My idea is that the latest attempts at amending the EU treaties – the period of …

The National Judicial Treatment Of The Echr And Eu Laws. A Comparative Constitutional Perspective, Giuseppe Martinico, Oreste Pollicino

Giuseppe Martinico

The book collects the proceedings of an international conference at the Scuola Superiore Sant’Anna of Pisa (16-17 January 2010). Do national judges start treating the provisions of the European Convention on Human Rights the same way they treat the EC law’s norms? In order to answer this question the editors (Giuseppe Martinico and Oreste Pollicino) involved scholars from the countries that are members both of the EU and the Council of Europe

La Carta De Los Derechos Fundamentales: Un Instrumento Al Servicio De Los Ciudadanos, Joaquín Sarrión Esteve

Joaquín Sarrión Esteve

No abstract provided.

La Sentencia 'Malagutti-Vezinhet': ¿Quién Es Responsable De La Información Facilitada Por El Sistema Comunitario De Alerta En El Ámbito De La Seguridad De Los Productos?, Luis González Vaqué

Luis González Vaqué

Non-contractual liability on the part of the Community is subject to a number of conditions: unlawfulness of the conduct alleged against the Community institutions, actual damage and the existence of a causal link between the conduct of the institution and the damage complained of. If one of those conditions is not satisfied, the entire action must be dismissed and it is not necessary to consider the other conditions.

The Community rapid alert system for food and feed introduced by Directive 92/59 on general product safety confers on the national authorities only, and not on the Commission, responsibility for establishing whether …