Of courts and constitutions : liber amicorum in honour of Nial Fennelly

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Of courts and constitutions : liber amicorum in honour of Nial Fennelly

edited by Kieran Bradley, Noel Travers and Anthony Whelan

Hart Publishing, 2014

  • : hbk

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内容説明

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.

目次

PART I: THE STRUCTURE AND FUNCTIONING OF THE EUROPEAN COURT 1 The Evolution of the Judicial Architecture of the European Union and its Procedural Implications Vassilios Skouris 2 L'interpretation par la Cour de justice de l'Union du droit europeen de procedure civile Jose Carlos de Carvalho Moitinho de Almeida 3 Accelerated Procedures before the Court of Justice of the European Union Melchior Wathelet 4 Vertical Precedent at the European Court of Justice: When Push Comes to Shove Kieran Bradley PART II: MATERIAL ISSUES OF EUROPEAN UNION LAW 5 Due Process, Judicial Protection and the Kadi Saga David Edward 6 Closed Evidence in Restrictive Measures Cases: A Comparative Perspective Nicholas J Forwood 7 The Arbitration Exception and the Revised Brussels Regulation Michael M Collins 8 The Financial Crisis, the Banking Union and the Rule of Law Paul Gallagher 9 The Internal Market in a Context of Deepening Integration - Long on Content and Short on Modes of Delivery? Herwig CH Hofmann 10 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 Travers 11 Market Regulation in Network Industries: Subsidiarity and the Single Market in the Digital Age Anthony Whelan PART III ASPECTS OF IRISH LAW 12 Reconciling Ireland's Sovereignty with Membership of the European Union - the Lessons of Crotty and Pringle Ronan Keane 13 Crotty Put to Sleep by Pringle Hugh Geoghegan 14 Nial Fennelly: Mallak and the Rule of Reasons Donal O'Donnell 15 Declarations of Incompatibility, Inapplicability and Invalidity: Rights Remedies and the Aftermath Gerard Hogan 16 The Case of the 'Missing Evidence' Muireann Noonan PART IV TRANSVERSAL ISSUES OF NATIONAL AND EUROPEAN LAW 17 Union and Common Law: Harmony or Tension - A Judicial Perspective Frank Clarke 18 'Imperfect Obligations' - Constitutional Principles and the Charter of Fundamental Rights John MacMenamin 19 The Role of National Courts in the Enforcement of EU Competition Law Aindrias O Caoimh 20 The Italian Model of a Dualist Approach to Multilevel Protection of Human Rights Giuseppe Tesauro 21 Damages in Public Procurement - An Illusory Remedy? Anthony M Collins 22 Transparency, Reasons and the Europeanisation of Public Law Catherine Donnelly 23 Preserving National Identity: The Bundesverfassungsgericht between National Constitutional Constraints and an Ever Closer European Union Wolfgang Heusel 24 The Weakening of Allegiance to the Polity in the Institutional Practices of European Judges and Courts Diarmuid Rossa Phelan 25 Child Citizens and De Facto Deportation: Tender Years, Fragile Ties and Security of Residence Cathryn Costello

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