𝔖 Scriptorium
✦   LIBER   ✦

πŸ“

The european court of justice and international courts

✍ Scribed by Lock, Tobias


Publisher
Oxford University Press
Year
2015
Tongue
English
Leaves
305
Series
International courts and tribunals series
Edition
1
Category
Library

⬇  Acquire This Volume

No coin nor oath required. For personal study only.

✦ Synopsis


The Court of Justice of the European Union has exclusive jurisdiction over European Union law and holds a broad interpretation of these powers. This, however, may come into conflict with the jurisdiction of other international courts and tribunals, especially in the context of so-called mixed agreements. While the CJEU considers these 'integral parts' of EU law, other international courts will also have jurisdiction in such cases.

This book explores the conundrum of shared jurisdiction, analysing the international legal framework for the resolution of such conflicts, and provides a critical and comprehensive analysis of the CJEU's far-reaching jurisdiction, suggesting solutions to this dilemma. The book also addresses the special relationship between the CJEU and the European Court of Human Rights. The unique interaction between these two bodies raises fundamental substantive concerns about overlaps of jurisdiction and interpretation in the courts. Conflicts of interpretation manage largely to be avoided by frequent cross-referencing, which also allows for much cross-fertilization in the development of European human rights law. The link between these two courts is the subject of the final section of the book.

✦ Table of Contents


Content: 1: Introduction 2: The Relationship Between International Courts 3: The Court of Justice and International Courts: Jurisdictional and Procedural Issues 4: The Court of Justice and the European Court of Human Rights: A Special Relationship

✦ Subjects


Union européenne;Cour de justice;Cour européenne des droits de l'homme;Tribunaux internationaux


πŸ“œ SIMILAR VOLUMES


We The Court: The European Court of Just
✍ Miguel Poiares Maduro πŸ“‚ Library πŸ“… 1998 πŸ› Hart Publishing 🌐 English

The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this new book offers

Labour Law in the Courts: National Judge
✍ Silvana Sciarra (editor) πŸ“‚ Library πŸ“… 2001 πŸ› Hart Publishing 🌐 English

The research underpinning this book was designed to support and further develop ideas already described in broader and more theoretical studies,about the dialogues happening among national courts and the ECJ as a key factor of European integration. The role played by the courts as part of the interp

The International Court of Justice
✍ Robert Kolb πŸ“‚ Library πŸ“… 2013 πŸ› Hart Publishing 🌐 English

The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the

The Power of the European Court of Justi
✍ Susanne K. Schmidt; R. Daniel Kelemen πŸ“‚ Library πŸ“… 2012 πŸ› Routledge 🌐 English

The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism