References to the European Court
著者
書誌事項
References to the European Court
(The litigation library)
Sweet & Maxwell, 1995
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内容説明・目次
内容説明
This is a complete guide to the procedure of referring a case to the European Court for a ruling on how a case is affected by European Community law. References explain when a court has jurisdiction to refer a question; at what stage of a case it should do so; how the question of the parties should be formulated; and who is bound, and to what extent, by the ruling of the European Court. The work also contains: a flowchart on whether a Parliamentary ruling can be made; a checklist of procedural stages; precedents on requests for preliminary reference; statement of case; written observations and order concluding proceedings in the High Court; and appendices of the relevant rules of the UK and European Courts.
目次
- Include: Introduction - the preliminary reference procedure, exemplified by Article 177 EEC. The power to refer - Article 177 EEC and other procedures. The decision to refer - mandatory and discretionary references. The request for ruling. European court procedure. The aftermath. Conclusion - strengths and weaknesses of the preliminary reference and possibilities for change. Appendices of precedents
- Rules of the UK Courts: England, Wales, Scotland, and Northern Ireland
- EEC Treaty Articles
- Protocols
- Rules of Procedure of the European Court of Justice
- Notes for the Guidance of Counsel for the Parties at the Hearing before the ECJ
- Instructions to the Registrar.
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