Sökning: "judicial review"
Visar resultat 11 - 15 av 22 avhandlingar innehållade orden judicial review.
11. Arguments for Access to Justice : Supra-individual Environmental Claims Before Administrative Courts
Sammanfattning : In the early 19th century, in the wake of industrialisation, complaints from people affected by pollution were considered a threat to industrial expansion and economic growth. Today, the right of access to justice is increasingly considered a legal vehicle for enhancing environmental protection. LÄS MER
12. Early Determination of Arbitral Jurisdiction : Balancing efficacy, efficiency, and legitimacy of arbitration
Sammanfattning : This dissertation examines the timing of judicial determination of jurisdictional disputes in the presence of an arbitration agreement. The analysis focuses on Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration (and Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards). LÄS MER
13. Domstolsprövning av förvaltningsbeslut. Svensk, dansk och österrikisk rätt i komparativ belysning
Sammanfattning : This thesis contains a comparative study of the systems of judicial review of administrative decisions in Swedish, Danish, and Austrian law. The main aim of the study is to explore how the three legal systems balance certain interests and functions that are related to the phenomenon of judicial review of administrative acts: on the one hand, the principle of effective judicial protection as well as the need of an independent judicial control of the administration, and, on the other hand, the constitutional and institutional capacity of the administration as well as the constitutional separation of powers. LÄS MER
14. Om fakultativa regler. En studie av svensk och unionsrättslig reglering av skönsmässigt beslutsfattande i processrättsliga frågor
Sammanfattning : Increased flexibility has been one of the most consistently pursued goals of civil procedure reforms in Sweden during recent decades, resulting in a near doubling of the number of rules intended to confer discretion upon the courts. Meanwhile, the Court of Justice of the EU (CJEU) has in its case law increasingly ventured into core areas of procedural law, suggesting inter alia that the legislative choice to confer discretion on the courts affects the effective enforcement of EU law. LÄS MER
15. Limits to EU Powers : a case study on individual criminal sanctions for the enforcement of EU law
Sammanfattning : The question posed by this thesis is how limits can be constructed to the exercise of EU powers. While there are limits to the exercise of EU competences in the Treaties and in the Court of Justice’s jurisprudence, it is argued that those limits suffer from conceptual and practical problems. LÄS MER
