EU Procedural Law

Paperback | March 26, 2015

byKoen Lenaerts, Ignace Maselis, Kathleen Gutman

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The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far lesscertain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, MemberStates and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment,and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courtsthrough the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendmentsto the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.

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The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far lesscertain. At the heart of the system of judicia...

Koen Lenaerts is a Judge of the Court of Justice of the European Union since 2003 and Vice President of the Court since 2012. He was a Judge of the Court of First Instance of the European Communities. He is also a Professor of EU Law at the University of Leuven. Among his extensive scientific activities, he is a member of the boards of...

other books by Koen Lenaerts

Format:PaperbackDimensions:1056 pagesPublished:March 26, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198707347

ISBN - 13:9780198707349

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Table of Contents

1. General IntroductionPART I: THE JUDICIAL ORGANIZATION OF THE EUROPEAN UNION2. The European Courts3. Cooperation Between National Courts and the Court of Justice: The Reference for a Preliminary Ruling4. National Procedural Autonomy, Equivalence, and EffectivenessPART II: ENFORCEMENT OF UNION LAW5. The Action for Infringement of Union Law by a Member State6. Preliminary Rulings on the Interpretation of Union LawPART III: PROTECTION AGAINST ACTS OF THE INSTITUTIONS7. The Action for Annulment8. The Action for Failure to Act9. The Objection of Illegality10. Preliminary Rulings on the Validity of Union Law11. The Action for Damages12. Application for an Opinion on the Compatibility with the Treaties of an International Agreement to be Concluded by the UnionPART IV: SPECIAL FORMS OF PROCEDURE13. Proceedings for Interim Measures Before the Union Courts14. Proceedings for Authorization to Serve a Garnishee Order on the Union15. Unlimited Jurisdiction of the Union Courts in Respect of Actions Relating to Sanctions16. Appeals17. The Review Procedure18. Proceedings Brought by Officials and Other Servants of the Union (Staff Cases)19. Jurisdiction of the Union Courts to Give Judgment Pursuant to an Arbitration Clause or Special Agreement20. Jurisdiction of the Union Courts over Disputes Relating to Intellectual Property Rights21. Jurisdiction of the Court of Justice under Conventions Concluded by the Member States22. Jurisdiction of the Court of Justice of the European Union with Regard to the Area of Freedom, Security, and JusticePART V: PROCEDURE BEFORE THE UNION COURTS23. Common Procedural Rules Applicable to Cases Before the Union Courts24. Procedure in the Case of References for a Preliminary Ruling25. Procedure in the Case of Direct Actions26. Procedure in the Case of Appeals Against Decisions of the General Court