References to the European Court, 2nd Edition

Author: David Anderson, QC; Marie Demetriou
Publisher: Sweet & Maxwell U.K.
ISBN: 9780421753501
Published In: August 2002
Format: Hardback , 586 pages
Jurisdiction: European Union, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Reviews

Details

The new edition of this definitive text provides a detailed narrative account of the procedure for referring preliminary references to the European Court for preliminary rulings, under Article 234 of the European Community Treaty and other treaties.

It has been thoroughly updated to include new case law, including a number of high profile cases, the new EC Treaty article numbering introduced by the Treaty of Amsterdam in 1999, and other treaty and rule developments.

* Provides expanded information on the practice of the other 14 EU member states besides the UK
* Provides a useful reference tool for EU member state litigators who are not European law specialists
* Includes practical tips, checklists and useful appendices, which include the full text of relevant legislation, treaties and rules

Chapter 1
The Preliminary Reference

INTRODUCTION
EVOLUTION OF THE PRELIMINARY REFERENCE
Community law in the national courts
An appellate system?
Precursors in the Member States
Article 41 ECSC
Article 234 EC
Article 68 EC
Article 35 TEU
Brussels Convention
Lugano Convention
Community Patent Convention
Rome Convention
Other Conventions
European Economic Area Agreement
References to the EFTA Court
References to the European Commission
The Treaty of Nice reforms
PRELIMINARY REFERENCES AND DIRECT ACTIONS
SIGNIFICANCE OF THE PRELIMINARY REFERENCE
Popularity of the procedure
Importance of preliminary rulings
NATIONAL VARIATIONS IN THE USE OF THE REFERENCE
Frequency of references
Courts most likely to refer
Post-accession behaviour
Forum-shopping

Chapter 2
Courts and Tribunals Entitled to Refer

INTRODUCTION
WHETHER A "COURT OR TRIBUNAL"
The Criteria
Criticism of the criteria
Application of the criteria
LOCATION OF COURT OR TRIBUNAL
The Member States
French overseas departments
Overseas countries and territories
Other European territories
Isle of Man and Channel Islands
International courts
Courts of non-Member States
COURTS AND TRIBUNALS WITH NO JURISDICTION
Improperly constituted court or tribunal
Court or tribunal with limited jurisdiction
NON-ARTICLE 234 REFERENCES
Article 35 TEU
ECSC and Euratom Treaties
Brussels Convention
Community Patent Convention
Rome Convention

Chapter 3
Jurisdiction to Refer

INTRODUCTION
PROVISIONS OF COMMUNITY LAW
The Treaties
Conventions between the Member States
Acts of the institutions of the Community
Acts of the European Central Bank
Statutes of bodies established by an act of the Council
International agreements of the Community
Agreements to which the Community is not a party
General principles of law
Provisions of domestic law

This is clearly destined to become the standard work on ECJ references and lawyers at all levels can have every confidence in using it. - Counsel - of previous edition