Sökning: "national courts"
Visar resultat 11 - 15 av 48 avhandlingar innehållade orden national courts.
11. The Proportionality Principle as a Tool for Disintegration in EU Law – of Balancing and Coherence in the Light of the Fundamental Freedoms
Sammanfattning : This thesis analyses the operations of the principle of proportionality when the Court of Justice reviews national measures that restrict the fundamental freedoms laid down in the EU Treaties. That judicial review often entails balancing of rights, and this study is a quest for coherence in the adjudication of different, and at times perplexing legal norms, of various national and international origins Many have held that the principle of proportionality is applied in EU law as a tool for integration. LÄS MER
12. 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
13. State Procedure and Union Rights : A Comparison of the European Union and the United States
Sammanfattning : The overarching purpose of this doctoral thesis is to determine if the system of legal mechanisms in European Community law governing what procedural rules national courts shall apply to Community rights can be reformed to better balance involved interests. European Community law is often applied and enforced by ordinary national courts that, as a general rule, supplement substantive Community rules with national procedural rules. 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. God förvaltning i EU och i Sverige
Sammanfattning : The topic of this thesis is the general principle of good administration in Community law, its content and effect in its application in the sphere of Community law, both at the Community and national levels. The main purpose is to examine whether the principle should upheld in the same manner on both levels of Community law, in other words, whether national public authorities and courts are obliged to uphold the principle in the same way as at the Community level. LÄS MER
