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Of Courts and Constitutions: Liber Amicorum in Honour of Nial Fennelly

Autor Kieran Bradley, Noel Travers, Anthony Whelan
en Limba Engleză Hardback – 14 mai 2014
The essays which appear in this volume have been written to pay tribute to the Hon Mr Justice Nial Fennelly, judge of the Supreme Court of Ireland and former Advocate General at the European Court of Justice, on the occasion of his retirement. The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts - the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench.
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Specificații

ISBN-13: 9781849466653
ISBN-10: 1849466653
Pagini: 348
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.84 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

All of the contributors to the book are either experts in European Union law, past and present members of the European bench and bar, or past or present members of the Irish judiciary.

Notă biografică

Kieran Bradley is a Judge of the European Union Civil Service Tribunal.Noel Travers is a barrister and a member of the Bar of Ireland.Anthony Whelan is acting Director for electronic communications networks and services at the European Commission.

Cuprins

PART I: THE STRUCTURE AND FUNCTIONING OF THE EUROPEAN COURT1 The Evolution of the Judicial Architecture of the European Union and its Procedural Implications Vassilios Skouris2 L'interprétation par la Cour de justice de l'Union du droit européen de procédure civile José Carlos de Carvalho Moitinho de Almeida3 Accelerated Procedures before the Court of Justice of the European Union Melchior Wathelet4 Vertical Precedent at the European Court of Justice: When Push Comes to Shove Kieran BradleyPART II: MATERIAL ISSUES OF EUROPEAN UNION LAW5 Due Process, Judicial Protection and the Kadi Saga David Edward6 Closed Evidence in Restrictive Measures Cases: A Comparative Perspective Nicholas J Forwood7 The Arbitration Exception and the Revised Brussels Regulation Michael M Collins8 The Financial Crisis, the Banking Union and the Rule of Law Paul Gallagher9 The Internal Market in a Context of Deepening Integration - Long on Content and Short on Modes of Delivery? Herwig CH Hofmann10 From Merck v Stephar to the Unitary Patent Regulation and Court: Reflections on the Incremental Development of an EU Patent Law and Legal System Noel J Travers11 Market Regulation in Network Industries: Subsidiarity and the Single Market in the Digital Age Anthony WhelanPART III ASPECTS OF IRISH LAW12 Reconciling Ireland's Sovereignty with Membership of the European Union - the Lessons of Crotty and Pringle Ronan Keane13 Crotty Put to Sleep by Pringle Hugh Geoghegan14 Nial Fennelly: Mallak and the Rule of Reasons Donal O'Donnell15 Declarations of Incompatibility, Inapplicability and Invalidity: Rights Remedies and the Aftermath Gerard Hogan16 The Case of the 'Missing Evidence' Muireann NoonanPART IV TRANSVERSAL ISSUES OF NATIONAL AND EUROPEAN LAW17 Union and Common Law: Harmony or Tension - A Judicial Perspective Frank Clarke18 'Imperfect Obligations' - Constitutional Principles and the Charter of Fundamental Rights John MacMenamin19 The Role of National Courts in the Enforcement of EU Competition Law Aindrias Ó Caoimh20 The Italian Model of a Dualist Approach to Multilevel Protection of Human Rights Giuseppe Tesauro21 Damages in Public Procurement - An Illusory Remedy? Anthony M Collins22 Transparency, Reasons and the Europeanisation of Public Law Catherine Donnelly23 Preserving National Identity: The Bundesverfassungsgericht between National Constitutional Constraints and an Ever Closer European Union Wolfgang Heusel24 The Weakening of Allegiance to the Polity in the Institutional Practices of European Judges and Courts Diarmuid Rossa Phelan25 Child Citizens and De Facto Deportation: Tender Years, Fragile Ties and Security of Residence Cathryn Costello

Descriere

The essays which appear in this volume are published to honour the Hon Mr Justice Nial Fennelly. The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship.