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Preliminary Ruling
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (a preliminary reference) from a court or a tribunal of a member state. A preliminary ruling is a final determination of European Union law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. Preliminary rulings are issued by the ECJ. The Treaty of Lisbon provides that jurisdiction may be delegated to the General Court, but that provision has yet to be put into effect. If, as in '' Factortame'', the ECJ holds that a member state's legislation conflicts with EU law, the member state is required to "disapply" such law, but the ECJ may not amend the member state's legislation itself. Preliminary rulings make up the bulk of business in the Court of Justice of the European Union since few persons have '' locus standi'' to litigate in the Luxembourg cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Area Of Freedom, Security And Justice
The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU. Scope Over the years, the EU has developed a wide competence in the area of home affairs and migration, fundamental rights and justice. As internal borders have been removed within the EU, cross-border police cooperation has increased to counter cross-border crime. Some notable projects related to the area are the European Arrest Warrant, the Schengen Area and Frontex patrols. Fields covered include the harmonisation of private international law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Advisory Opinion
An advisory opinion of a court or other government authority, such as an election commission, is a decision or opinion of the body but which is non-binding in law and does not have the effect of adjudicating a specific legal case, but which merely legally advises on its opinion as to the constitutionality or interpretation of a law. The International Law Association is one such commission that provides non binding opinions and advisory documents regarding aspects of international law. Some countries have procedures by which the executive or legislative branches may refer questions to the judiciary for an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions. International courts International Court of Justice The International Court of Justice is empowered to give advisory opinions under Chapter IV of its Statute (an annex to the United Nations Charter) when requested to do so by certain organs or agencies of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
EFTA Court
The EFTA Court is a supranational judicial body responsible for the three EFTA members who are also members of the European Economic Area (EEA): Iceland, Liechtenstein and Norway. As members of the EEA, the three countries participate in the European single market of the European Union. Consequently, they are subject to a number of European laws. Enforcement of these laws would normally be carried out by the European Court of Justice (ECJ); however, there were legal difficulties in giving Union institutions powers over non-members so the EFTA Court was set up to perform this role instead of the ECJ. EFTA does not envisage political integration. It does not issue legislation, nor does it establish a customs union. Schengen is not a part of the EEA Agreement. However, all of the four EFTA States participate in Schengen and Dublin through bilateral agreements. They all apply the provisions of the relevant Acquis. Since September 1995, the Court has consisted of three judges and si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Res Judicata
''Res judicata'' or ''res iudicata'', also known as claim preclusion, is the Latin term for ''judged matter'', and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same litigant, parties. In the case of ''res judicata'', the matter cannot be raised again, either in the same court or in a different court. A court will use ''res judicata'' to deny reconsideration of a matter. The doctrine of ''res judicata'' is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of judicial resources. ''Res judicata'' does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments. It is similar to the concept of double jeopardy and ''non bis in idem'' in crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Brexit Withdrawal Agreement
The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Union (EU), Euratom, and the United Kingdom (UK), signed on 24 January 2020, setting the terms of the Brexit, withdrawal of the UK from the EU and Euratom. The text of the treaty was published on 17 October 2019, and is a renegotiated version of an agreement published in November 2018. The earlier version of the withdrawal agreement was rejected by the House of Commons of the United Kingdom, House of Commons on three occasions, leading to the resignation of Theresa May as Prime Minister of the United Kingdom, Prime Minister and the appointment of Boris Johnson as the new prime minister on 24 July 2019. The Parliament of the United Kingdom gave its approval to the agreement on 23 January 2020 and the UK government deposited Britain's instrumen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
1968 Brussels Convention
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
GATT
The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis". The GATT was first discussed during the United Nations Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). It was signed by 23 nations in Geneva on 30 October 1947, and was applied on a provisional basis 1 January 1948. It remained in effect until 1 January 1995, when the World Trade Organization (WTO) was established after agreement by 123 nations in Marrakesh on 15 April 1994, as part of the Uruguay Round Agreements. The WTO is the successor to the GATT, and the origin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Council Of The European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and less formally known as the Council of Ministers, is the third of the seven institutions of the European Union (EU) as listed in the Treaty on European Union. It is one of two legislative bodies and together with the European Parliament serves to amend and approve, or veto, the proposals of the European Commission, which holds the right of initiative. The Council of the European Union and the European Council are the only EU institutions that are explicitly intergovernmental, that is, forums whose attendees express and represent the position of their Member State's executive, be they ambassadors, ministers or heads of state/government. The Council meets in 10 different configurations of national ministers (one per state). The precise membership of these configurations varies according to the topic under consideration; for example, when discussin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Direct Effect
In the law of the European Union, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which not only the courts but also the public administration (on national, regional or local level) of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in '' Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of '' Van Gend en Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Unified Patent Court
The Unified Patent Court (UPC) is a common Supranational law, supranational patent court of 18 member states of the European Union, which opened on 1 June 2023. It hears cases regarding patent infringement, infringement and revocation proceedings of European patents (regular European patents unless they were Unified Patent Court's opt-out provisions, opted out and unitary patents). A single court ruling is directly applicable in the member states that have ratified the UPC Agreement (UPCA). The UPCA is the legal basis for the court. It was signed as an Enhanced cooperation#Related intergovernmental treaties, intergovernmental treaty in February 2013 by 25 states, all then-EU member states except Spain, Poland and Croatia. The UPC entered into force after meeting #Entry into force, three predefined conditions on 1 June 2023. Provisional application of the UPC Agreement was triggered on 19 January 2022 to enable preparation for the proper functioning of the court after entry into f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Benelux Court Of Justice
The Benelux Court of Justice (, ) is a court which is common to the Benelux countries Belgium, Netherlands and Luxembourg. The organisation was established by the treaty of 31 March 1965. The court's budget rests with the Benelux Union and is of 9 judges of the supreme courts as well as (since 2017) 6 judges of the courts of appeal of the three countries. The court is mainly tasked with answering requests for preliminary rulings from the supreme courts regarding regulations which are common to the three countries and serves as a civil service tribunal for personnel of the Benelux Economic Union and the Benelux Organization for Intellectual Property (BOIP), although it may also be tasked with advising the three governments, and with direct judicial tasks following the entry into force in 2016 of a 2012 protocol to the treaty. Organization Since December 2016, the activities are organized in three chambers: *The ''First Chamber'' is composed of 9 judges of the high courts of the thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
