EU Procedural Law Oxford European Union Law Library 2nd Edition by Koen Lenaerts, Kathleen Gutman, Janek Tomasz Nowak 9780192569516 019256951

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ISBN 10: 019256951
ISBN 13: 9780192569516
Author: Koen Lenaerts, Kathleen Gutman, Janek Tomasz Nowak

EU Procedural Law provides a rigorously structured analysis of the system of judicial protection in the European Union and the procedure before the Union Courts (the Court of Justice and the General Court). It examines the various types of proceedings which may be brought before the Union Courts, such as the actions for infringement, annulment, failure to act, and damages, along with special forms of procedure involving, for example, interim relief, appeals, staff cases, and intellectual property rights. It also addresses the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between European Union law and the national procedural and remedial frameworks more generally. Throughout, this book takes account of important jurisprudential and institutional developments, including the restructuring of the EU judicial system and reforms in the procedure of the Union Courts. In its second edition, this thoroughly updated work will continue to be the first port of call for practitioners, civil servants, and academics seeking guidance on the various components of EU procedural law.

EU Procedural Law Oxford European Union Law Library 2nd Table of contents:

Part I: The Judicial Organization of the European Union

2. The Union Judicial System

   • I. The National Courts

   • II. The Court of Justice of the European Union

   • III. The Court of Justice

   • IV. The General Court

   • V. Specialized Courts

   • VI. Allocation of Jurisdiction among the Union Courts

3. Cooperation between National Courts and the Court of Justice: The Reference for a Preliminary Ruling

   • I. General Overview

   • II. The Initiative for Requesting a Preliminary Ruling

   • III. Determination of the Relevance of the Request for a Preliminary Ruling

   • IV. The Duty to Request a Preliminary Ruling

   • V. Requests for a Preliminary Ruling in Composite Administrative Procedures

Union Law and National Procedures and Remedies

• • I. General Overview

  • II. The Union Law Framework Governing National Procedures and Remedies

  • III. The Obligation to Provide Effective Remedies

  • IV. Requirements Imposed upon National Procedural Rules

  • V. Some Fields of Application

Part II: Enforcement of Union Law

5. The Action for Infringement of Union Law by a Member State

6. Preliminary Rulings on the Interpretation of Union Law

Part III: Protection Against Union Acts

7. The Action for Annulment

8. The Action for Failure to Act

9. The Objection of Illegality

10. Preliminary Rulings on the Validity of Union Acts

11. The Action for Damages

12. Application for an Opinion on the Compatibility with the Treaties of an International Agreement to Be Concluded by the Union

Part IV: Special Forms of Procedure

13. Proceedings for Interim Measures Before the Union Courts

14. Proceedings for Authorization to Serve a Garnishee Order on the Union

15. Jurisdiction of the Union Courts to Give Judgment pursuant to an Arbitration Clause or a Special Agreement

16. Proceedings Brought by Officials and Other Servants of the Union (Staff Cases)

17. Jurisdiction of the Union Courts over Disputes Relating to Intellectual Property Rights

18. Unlimited Jurisdiction of the Union Courts in Respect of Actions Relating to Sanctions

19. Appeals

20. The Review Procedure

21. Jurisdiction of the Court of Justice under Conventions Concluded by the Member States

Part V: Procedure Before the Union Courts

22. Start of the Procedure

23. Incidental Elements of the Procedure

24. Main Elements of the Procedure

25. Conclusion of the Procedure

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Koen Lenaerts,Kathleen Gutman,Janek Tomasz Nowak,Procedural