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Borderlines in Private Law

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Constitutionalising the EU Judicial System : Essays in Honour of Pernilla Lindh

Edited by: Pascal Cardonnel, Allan Rosas, Nils Wahl

ISBN13: 9781849463362
Published: August 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £130.00



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These essays, written in honour of retired ECJ judge Pernille Lindh, reflect on the development of courts and judging in the EU since the founding of the Union in the 1960s.

In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.

Subjects:
EU Law
Contents:
PART I THE EUROPEAN JUDICIAL SYSTEM
1. The Court of Justice of the European Union: A Judiciary in a Constant State of Transformation Vassilios Skouris
2. Multilevel Judicial Co-operation Christiaan Timmermans
3. Private Parties' Access to the Courts of Regional Economic Integration Organisations: A Comparative Analysis Marc Jaeger
4. From Diplomacy to Judicialisation? - Some Thoughts on EU-Swiss Relations Carl Baudenbacher
5.
20 Years On: Some Reflections on the European Economic Area Judicial Mechanism Sven Norberg
6. A Special Relationship: The EU and the Hague Conference on Private International Law Jorg Pirrung
7. Subsidiarity as a Legal Concept David Edward
8. The National Judge as EU Judge: Opinion 1/09 Allan Rosas
9. Issues of EU Law raised by National Courts of their Own Motion Aindrias O Caoimh
10. Some Reflections on Mutual Recognition in the Area of Freedom, Security and Justice Lars Bay Larsen
11. Administrative Law as a Key to Market Integration? Jorgen Hettne
12. French Administrative Courts and Union Law Jean-Claude Bonichot
13. Preliminary References and Swedish Courts: What Explains the Continuing Restrictive Attitude? Ulf Bernitz
14. The Swedish Market Court Christer H:son Fallenius

PART II CITIZENSHIP AND FUNDAMENTAL RIGHTS
15. Apropos European Citizenship: The Right to Move and Reside Freely Jose Narciso da Cunha Rodrigues
16. 'Civis Europaeus Sum': From the Cross-border Link to the Status of Citizen of the Union Koen Lenaerts
17. Zambrano, An Unexpected Ruling Paolo Mengozzi
18. Citizenship and Fundamental Rights - Pandora's Box or a Natural Step Towards Maturity? Eleanor Sharpston 19. The European Arrest Warrant: The Impact of the Charter Fidelma Macken
20. The Scope of Application of the Charter of Fundamental Rights of the European Union in the Member States Heidi Kaila
21. The Charter and the Future Contours of EU Social and Employment Law Siofra O'Leary
22. How is the EU Concept of Discrimination Implemented and Applied in Sweden? Anna Falk
23. Age Discrimination - Four Nordic Cases Martin Johansson

PART III PROCEDURE AND DUE PROCESS
24. Thoughts on Proportionality and Coherence in the Jurisprudence of the Court of Justice Thomas von Danwitz
25. Unlimited Jurisdiction: What Does it Mean Today? Alexander Arabadjiev
26. Due Process in European Competition Procedure: A Fundamental Concept or a Mere Formality? Hans Henrik Lidgard
27. Rights of Defence in Cartel Proceedings: Some Ideas for Manageable Improvements Javier Ruiz Calzado and Gianni de Stefano
28. The Technische Glaswerke Ilmenau Ruling: A Step Backwards forTransparency in EU Competition Cases? Olivier Speltdoorn
29. Transparency - An Everlasting Challenge for the European Union Virpi Tiili