Sökning: "European Court of Justice"
Visar resultat 16 - 20 av 46 avhandlingar innehållade orden European Court of Justice.
16. The ECJ's Adjudication of Fundamental Rights Conflicts : In Search of a Fair Balance
Sammanfattning : This dissertation examines how the European Court of Justice (ECJ) adjudicates conflicts between fundamental rights. It has the two-fold purpose of surveying and analysing the Court’s case law to identify the methods currently being employed, and to make suggestions on how the methodology can be improved. LÄS MER
17. Creation, Development and Impact of the General Principles of Community Law: Towards a jus commune europaeum?
Sammanfattning : The aim of this research is two-fold. First, the general principles of Community law are analyzed as "legitimacy principles", which permit the European Court of Justice to review the acts of the institutions and the Member States. LÄS MER
18. Effectiveness of EU Law versus Procedural Protection – Tracing the tension throughout the case-law of the Court of Justice on ex officio review by the national judge
Sammanfattning : This work deals with the tension between the effectiveness of European Union law and national rules of procedure put in place to safeguard the legal certainty and judicial protection of litigants. Particular attention is paid to rules constraining the power of national judges to apply Union law of their own motion – i.e. LÄS MER
19. Why Grundnorm? A Treatise on the Implications of Kelsen's Doctrine
Sammanfattning : The treatise is concerned with the source-—the “Grund”--of the bindingness of law. I contend, first, that the “presupposition” of the basic norm, on a certain reading of Kelsen’s doctrine, can be understood as constituting a normative source of positive law, and, secondly, that this reading of Kelsen admits of addressing the issue of the (formal) legitimacy of supra-national and “directly applicable” rules and other norms. LÄS MER
20. The Costs of Legal Certainty : A Forensically-Informed Methodology on How to Identify the Relevant Costs in Exclusionary Abuse Cases
Sammanfattning : This dissertation examines the forensic relationship between unilateral price practices and prima facie exclusionary abuse(s) under Article 102 TFEU. The research aim is to ascertain relevant cost benchmarks that can be used to determine the legal qualification of a dominant firm’s price practices. LÄS MER