Methods, Tools and InstitutionsMauro Cappelletti, Monica Seccombe, Joseph Weiler Walter de Gruyter, 1986 - 351 Seiten |
Inhalt
| 3 | |
| 11 | |
| 25 | |
| 57 | |
iii | 82 |
Final Thoughts on Community Pro | 88 |
Concluding Remarks | 106 |
Instruments for Legal Integration in the European Community | 113 |
Conflict of Laws as a Technique for Legal Integration | 161 |
Uniform ConflictofLaw Rules versus Uniform Substantive Law Rules | 168 |
The Application of Foreign Law | 174 |
Rules on Judicial Jurisdiction | 190 |
Rules on Choice of Law | 208 |
Final Remarks on ConflictofLaws Rules as a Technique | 256 |
Its Impact | 261 |
The Areas of Judicial Activity | 262 |
Integrated Legislation | 123 |
59 | 133 |
81 | 139 |
Coordinated Parallel Developments | 143 |
Federalism the Courts and Integration in the United States | 279 |
The Mighty Problem in European Integration | 345 |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
2d Cir action adopted agreement American analysis apply Articles of Confederation authority Brussels Convention choice of law choice-of-law rules clause commercial Commission Community institutions Community law concerning CONFLICT OF LAWS conflict-of-law rules Congress consensus decision-making constitutional COREPER Council Court of Justice decision decision-making decisional defendant direct effects doctrine domicile due process EEC Treaty enforcement Europe European Community European Court European Parliament existing fact Faith and Credit federal courts foreign law Full Faith implementation infra interests interpretation issue Italian Republic judgments judicial review jurisdiction legal integration legislation lex fori limited lourdeur matters measures Member ment munity non-compliance non-implementation obligation Parliament parties place of performance plaintiff political pre-emption principle problems procedure proposals protection provides question regulation relation role Rome Convention statute substantive supra note tion U.S. Constitution U.S. Supreme Court uniform United York
Beliebte Passagen
Seite 312 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Seite 312 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.
Seite 136 - ... encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws...
Seite 121 - Furthermore, in accordance with the principle of the precedence of Community law, the relationship between provisions of the Treaty and directly applicable measures of the institutions on the one hand and the national law of the Member States on the other is such that those provisions and measures not only by their entry into force render automatically inapplicable any conflicting provision of current national law but...
Seite 113 - The Constitution was framed under the dominion of a political philosophy less parochial in range. It was framed upon the theory that the peoples of the several States must sink or swim together, and that in the long run prosperity and salvation are in union and not division.
Seite 117 - If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community...
Seite 135 - No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.
Seite 326 - Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers.
Verweise auf dieses Buch
Informal Governance in the European Union Thomas Christiansen,Simona Piattoni Eingeschränkte Leseprobe - 2003 |