EEA and the EFTA Court :
EEA and the EFTA Court : decentred integration : to mark the 20th anniversary of the EFTA court /
edited by the EFTA Court, editorial committee Carl Baudenbacher, President of the EFTA Court; Philipp Speitler, Legal Secretary, EFTA Court; Bryndís Pálmarsdóttir, Senior Officer, EFTA Court.
- Oxford Hart Publishing, 2014.
- xxiii, 572 pages ; 24 cm
Includes bibliographical references and index.
Cover; Half-title; Title; Copyright; Foreword; Contents; List of Contributors; Part I: The EFTA Court's Role in the Judicial Architecture of the EEA; A. The Two EEA Courts; 1. The Role of the Court of Justice of the European Union in the Development of the EEA Single Market: Advancement through Collaboration between the EFTA Court and the CJEU; I. Introduction; II. CJEU and EFTA Court Commonalities; III. The Homogeneity Objective; IV. The Judicial Dialogue between the Two Courts; V. The CJEU's Contribution to the Judicial Dialogue and the EEA Single Market; VI. The Case Law of the EFTA Court.
VII. The Particular Added Value of the Role of Advocate GeneralVIII. Conclusions; 2. The EFTA Court's Early Days; I. The First Cases; II. The Painful Establishment of the EFTA Court; III. Downsizing and Continuation; 3. The Style of the EFTA Court; I. A First Encounter; II. Early Choices; III. The Melancholy Birth; IV. The Single Market: A Magnificent Obsession?; V. Unwelcome Persons; VI. Controversial Matters: Gambling, Trade Union Privileges and Banking Regulation; VII. The Precautionary Principle; VIII. Trademarks and Repackaging; IX. Paranova: An Opportunity for Independent Thought Wasted.
X. Delay and Volume of Case-loadXI. Due Process in Competition Cases; XII. A Welcome Dissent? The Problem of Light Judicial Review; XIII. The Posten Norge Case; XIV. Rigour towards the Public Authority; XV. The Goal of Homogeneity between the Two Regimes; XVI. Conclusion; 4. European Courts in Dialogue; I. Introduction; II. Informal Types of Judicial Dialogue; III. Formalised Types of Judicial Dialogue; IV. Final Remarks; 5. The Advocates General and the EFTA Court; I. Introduction; II. Advisory Opinions of the EFTA Court and Opinions of the Advocates General.
III. The Dialogue between the EFTA Court and EU Advocates GeneralA. Recent References by Advocates General's Opinions to the EFTA Court's Judgments; B. Recent References by the EFTA Court to Advocates General's Opinions; IV. Conclusion; 6. The Immoral Choice-How Judges Participate in the Transformation of Rule of Law to Legal Evil; I. Introduction; II. Obedience to Authority; III. Moral Blindness; IV. The Lesser Evil; V. Resistance to the Rule of Law; VI. The Protection of International Courts; B. Access to Justice.
7. The Content of Requests for Preliminary Rulings to the European Court of Justice and the EFTA Court-What are the Minimum Requirements?I. Introduction; II. The Scope of the Court's Jurisdiction; III. The Request for a Preliminary Ruling: Minimum Requirements; IV. The Admissibility of Requests for Advisory Opinions (EFTA Court); 8. Practical Issues Regarding the Application of EEA Law through the Eyes of a National Judge; I. Transposed Directives; II. Autonomous Laws; III. Non-transposed Directives; IV. Lack of National Laws; V. The Fate of Laws that are Incompatible with European Law.
9781849466264
EFTA Court.
European Economic Area.
Law--European Free Trade Association countries.
347.2
Includes bibliographical references and index.
Cover; Half-title; Title; Copyright; Foreword; Contents; List of Contributors; Part I: The EFTA Court's Role in the Judicial Architecture of the EEA; A. The Two EEA Courts; 1. The Role of the Court of Justice of the European Union in the Development of the EEA Single Market: Advancement through Collaboration between the EFTA Court and the CJEU; I. Introduction; II. CJEU and EFTA Court Commonalities; III. The Homogeneity Objective; IV. The Judicial Dialogue between the Two Courts; V. The CJEU's Contribution to the Judicial Dialogue and the EEA Single Market; VI. The Case Law of the EFTA Court.
VII. The Particular Added Value of the Role of Advocate GeneralVIII. Conclusions; 2. The EFTA Court's Early Days; I. The First Cases; II. The Painful Establishment of the EFTA Court; III. Downsizing and Continuation; 3. The Style of the EFTA Court; I. A First Encounter; II. Early Choices; III. The Melancholy Birth; IV. The Single Market: A Magnificent Obsession?; V. Unwelcome Persons; VI. Controversial Matters: Gambling, Trade Union Privileges and Banking Regulation; VII. The Precautionary Principle; VIII. Trademarks and Repackaging; IX. Paranova: An Opportunity for Independent Thought Wasted.
X. Delay and Volume of Case-loadXI. Due Process in Competition Cases; XII. A Welcome Dissent? The Problem of Light Judicial Review; XIII. The Posten Norge Case; XIV. Rigour towards the Public Authority; XV. The Goal of Homogeneity between the Two Regimes; XVI. Conclusion; 4. European Courts in Dialogue; I. Introduction; II. Informal Types of Judicial Dialogue; III. Formalised Types of Judicial Dialogue; IV. Final Remarks; 5. The Advocates General and the EFTA Court; I. Introduction; II. Advisory Opinions of the EFTA Court and Opinions of the Advocates General.
III. The Dialogue between the EFTA Court and EU Advocates GeneralA. Recent References by Advocates General's Opinions to the EFTA Court's Judgments; B. Recent References by the EFTA Court to Advocates General's Opinions; IV. Conclusion; 6. The Immoral Choice-How Judges Participate in the Transformation of Rule of Law to Legal Evil; I. Introduction; II. Obedience to Authority; III. Moral Blindness; IV. The Lesser Evil; V. Resistance to the Rule of Law; VI. The Protection of International Courts; B. Access to Justice.
7. The Content of Requests for Preliminary Rulings to the European Court of Justice and the EFTA Court-What are the Minimum Requirements?I. Introduction; II. The Scope of the Court's Jurisdiction; III. The Request for a Preliminary Ruling: Minimum Requirements; IV. The Admissibility of Requests for Advisory Opinions (EFTA Court); 8. Practical Issues Regarding the Application of EEA Law through the Eyes of a National Judge; I. Transposed Directives; II. Autonomous Laws; III. Non-transposed Directives; IV. Lack of National Laws; V. The Fate of Laws that are Incompatible with European Law.
9781849466264
EFTA Court.
European Economic Area.
Law--European Free Trade Association countries.
347.2
