This book examines the case law of the European Court of Justice concerning the requirement to interpret national law in conformity with EU law directives. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU law, national constitutionalism and constitutional pluralism adequately explain the relationship between EU and national law under the duty of consistent interpretation.
Book | 1st edition 2019 | United Kingdom | Anna Nylund, Magne Strandberg
This book explores how EU and international civil procedure rules (hard law, soft law, and judicial decision) shape national civil procedure law of the EU member states.
European Union litigation before both, the European and the national courts, has been an important element in the process of European integration. This volume allows to trace the origin and the evolution of the case law in several significant areas.
Book | 1st edition 2016 | Europe | Anna Nylund, H.B. Krans
This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law.
Book | 1st edition 2016 | Belgium | Olivier Caprasse, Kristof Cox, Filip De Ly, Bart Groen, Bernard Hanotiau, Gerard Meijer, M. Melanie, Vera Van Houtte, Sophia von Dewall
This study provides a unique insight into the world of conflicts of interest. The case studies have as a backdrop Belgian and Dutch legislation. Experiences and practices beyond these two countries are also highlighted.
This rise of a particular kind of European Union legislation known as the ‘optional instrument’ is a novel trend in the context of EU law, and one that until now has not been comprehensively mapped or explored. This study examines and discusses existing and proposed EU Optional Instruments (OIs) in different fields of European law, including company law, intellectual property law and procedural law (such as the European Company, the Community Trade Mark and the European Small Claims Procedure, respectively), as well as contract law.
Book | 2nd edition 2016 | United Kingdom | Jennifer Corrin, David Newton Bamford
This book outlines the conduct of civil litigation in the South Pacific. It focuses on the superior courts of Fiji, Kiribati, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. It discusses relevant case law and legislation and suggests possible reforms.
Book | 1st edition 2015 | Belgium | Hakim Boularbah, Filip De Ly, Pascal Hollander, Luc Imbrechts, Joachim Knoll, Françoise Lefèvre, Maxi Scherer, Emma Van Campenhoudt
This book regroups the presentations rendered at the CEPANI40 conference on 20 October 2015 putting the spotlight on counsel as one of the crucial actors in arbitration.
Book | 1st edition 2015 | United Kingdom | C.H. van Rhee, Alan Uzelac
Many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures, including the way in which evidence is introduced, collected and presented in court.
Book | 1st edition 2015 | World | Paola Cecchi Dimeglio, Beatrice Brenneur
L'ouvrage a pour objectif de faire le point sur le fonctionnement et l’efficacité de ces processus de résolutions. Les articles s’articulent autour du thème des MARC et traitent de manière transversale des aspects théoriques, empiriques, pédagogiques.
Comparative Essays on Appeals and other Means of Recourse against Judicial Decisions in Civil Matters
Book | 1st edition 2014 | United Kingdom | Alan Uzelac, C.H. van Rhee
Public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. This book focuses on the systems of appellate control of court judgments. The editors explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights.
Book | 1st edition 2014 | World | Marcel Fontaine, Denis Philippe
Cet ouvrage porte sur certains développements récents du droit des contrats internationaux en rapport avec l’arbitrage.This book focuses on some recent developments in the law of international contracts with regards to the arbitration.
A comparative view on the relations between ombudsmen and the judiciary in the Netherlands, England and the European Union
Book | 1st edition 2014 | United Kingdom | Milan Remac
Although the protection of individuals’ interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to conflicts between the two institutions and can affect their relations, and therefore needs coordination.
Book | 1st edition 2014 | United Kingdom | Carlos Esplugues, José Luis Iglesias Buhigues, Guillermo Palao Moreno
Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters prescribes a set of minimum common rules on mediation for all EU Member States with the exception of Denmark.
Book | 1st edition 2013 | United Kingdom | Carlos Esplugues, Silvia Barona Vilar
This book analyses in depth the various ADR devices present in relevant countries, such as Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, Singapore, South Korea, Thailand, the Philippines, and the USA.
Book | 1st edition 2013 | World | Eveline Ramaekers
This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so.
Book | 1st edition 2013 | United Kingdom | Marianne Roth, Michael Geistlinger
This book comprises 25 up-to-date contributions by 34 renowned scholars and practitioners from 13 countries all over the world. It contains inter alia an analysis of the relationship between the increase in trade and the creation of dispute resolution institutions in MERCOSUL/R, an examination of mass procedures in investment arbitration, and a call for reasoned decisions regarding arbitrator challenges.
Book | 1st edition 2013 | United Kingdom | Shen Wei
The New York Convention is regarded as one of the most successful treaties in the past fifty-five years in the field of transnational business law, more specifically, international commercial arbitration. Its simplicity and brevity in wording but complexity and diversity in application have triggered endless discussions, debates and writings. Rethinking the New York Convention – A Law and Economics Approach for the first time offers a unique jurisprudence-oriented analysis by applying two major analytic approaches, namely, Darwinian legal theory and game theory.
Fundamental Aspects of Fact-finding and Evidence-taking in a Comparative Context
Book | 1st edition 2012 | United Kingdom | C.H. van Rhee, Alan Uzelac
In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.
