CHECK THESE SAMPLES OF European Court of Justice
… JUDICIAL ACTIVISM BY European Court of Justice .... The European Court of Justice (ECJ) has especially assumed key role by constantly pursuing legal assimilation in the EU by offering flesh and substance to an outline Treaty, thereby plugging in loopholes in the European laws, and improving the effective implementation of Community law in the provinces of the member states1.... It is a well known fact that judicial activism at ECJ refers the political consequences of the policy preferences employed by the court in its elucidation or interpretation role....
8 Pages
(2000 words)
Essay
The primary issue in the given problem is whether the Directive has a direct vertical effect such that James and Neil can claim rights under it against the State.
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In the landmark case decided by the European Court of Justice,1 the ECJ stated that EC law "has direct application within the territory of a Member State", or in other words, "nationals of such a state can, on the basis of the Article in question, lay claim to individual rights which the courts must protect....
5 Pages
(1250 words)
Case Study
The focus of the essay "European Court of Justice and Free Movement of Persons" is to look at the development of the concept of citizenship since the conception of the Maastricht Treaty.... f particular interest is whether the introduction of Union citizenship provisions added significantly to Community law… The first part of this discussion seeks to determine whether the inauguration of citizenship of the EU can be classed as a simple political metaphor without any additional significance or whether it can be considered as extending the scope of the rights already existing in the european Treaties The move from the european Community to that of european Union was reflected in a number of specific EC Treaty provisions, including the enlargement of competence in the fields of education and culture, and of course the launch of the sacred status of citizenship of the Union2....
10 Pages
(2500 words)
Essay
The paper "Article 234 EC Treaty and the European Court of Justice" states that the European Court of Justice plays different roles under different Articles of the EC Treaty.... Moreover, in the Francovich case, the European Court of Justice had ruled that there was a national liability.... In the case of Foglia v Novello, the European Court of Justice had ruled that the Court should be the ultimate entity to decide upon the ambit of its jurisdiction....
8 Pages
(2000 words)
Research Paper
The court held that in order to bring an action for annulment, the defendants must show that they are individually concerned and that the decision “affects them by reason of certain attributes which are peculiar to them or by reason of circumstances by which they are differentiated from all other persons….... hellip; The Treaty establishing the european Community under Article 2301 states: “Any natural person may…....
7 Pages
(1750 words)
Term Paper
The main aim of this assignment is to investigate to what extent has the European Court of Justice been justified in ruling that the European Court treaty incorporates a principle of supremacy.... Hence the incorporation of the principle of supremacy was well executed and was quite necessary according to the opinion of the European Court of Justice.... In this way, the European Court of Justice (ECJ)1 has developed a theory that rules of Community law can be generated based on the general principles of law like the principle of supremacy....
10 Pages
(2500 words)
Assignment
The author of the following essay "The Formal Role of European Court of Justice" points out that the formal role of the European Court of Justice, as set out in the Treaty, is merely to “ensure that in the interpretation and application of this Treaty, the law is observed.... Anderson, the judicial activism of the European Court of Justice has been one of the most intriguing aspects of the evolving legal and judicial framework in Europe, because it “appoints the European Court as meeting place between the legal order of the Community and those of its member states....
9 Pages
(2250 words)
Essay
The European Court of Justice (ECJ) is the legal wing of the European Union.... The paper "Judicial Law-Making In The European Court of Justice" discusses the 1988 Council decision formed the Court of First Instance to alleviate the trouble of the ECJ's huge caseload.... The European Court of Justice (ECJ) is the legal wing of the European Union.... To alleviate the trouble of the ECJ's huge caseload, a 1988 Council decision formed the court of First Instance (CFI)....
12 Pages
(3000 words)
Essay