A Common Law for Europe by Gian Antonio Benacchio

By Gian Antonio Benacchio

This is often an important consultant for lawmakers, students, and scholars of legislations, this paintings takes at the ambitious activity of offering a close evaluation of the harmonization of legislations within the ecu Union. Skillfully researched, the authors search to strategy this subject with a watch to the new expansion procedure. In highlighting the latest activities of the ecu courtroom of Justice and the courtroom of First example, the e-book seeks to investigate the long run strengths and pitfalls of ecu universal legislation. courtroom rulings are quoted at size, and paintings at the side of textual content inserts in offering a structure that breaks down complicated details. This open sort of the ebook offers researchers the power to quick find important details and cite statements from european associations.

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In its turn, this institution has created its own directly applicable law and has promoted, with binding rules addressed formally to the States, a further law enhancing uniformity and harmony in individual areas. We will be considering one law and another: all those rules which affect private parties, formulated by the EC legislature and elaborated by the European Court of Justice, whether they impose rights and obligations immediately and directly on private individuals, or if they are addressed to Member States in such a way that the latter are bound to confer rights and obligations on private individuals.

85) and 82 (formerly art. 86) TEC are subject to the jurisdiction of the Commission, in the sense that it falls to that body to establish if there have or have not been violations on the part of businesses and, as a consequence, to apply sanctions; the appeal of the Commissions decision is referred to the ECJ, under art. 230 (formerly art. 173) TEC. The jurisdiction of the ECJ will no longer be exclusive, although shared with the European Court of First Instance for some preliminary decisions recognized by the Nice Treaty, which has reformulated article 225 (formerly 168A).

16 The European Union intended to guarantee that the last enlargement (to include eight of the CEECs, Malta and Cyprus) would strengthen new relationships with countries bordering on them and beyond, in particular with all the countries which, in the past, have been part of the Soviet Union. From the point of view of the European Union, the last enlargement would produce economic benefits in terms of the expansion of the single market, extension of the process of integration, and strengthening of the political position of the EU on the world stage.

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