CHECK THESE SAMPLES OF The European Court of Justice
Name: University: Course: Tutor: Date: Judicial activism of The European Court of Justice (ECJ) Introduction Judicial activism refers to the assumption of legislative powers by a court by way of creating policy.... This essay explores the perceived judicial activism of the (ECJ) in an attempt to create a constitutional foundation for the european Union (EU).... Therefore, these two sets of laws coexist in the european judicial environment.... Judicial activism in the case of ECJ refers to the political implications of the policies made by the court in its interpretative role (Rasmussen 45) The detractors of the ECJ feel that it promotes European federalism to the detriment of the interests of Member States....
12 Pages
(3000 words)
Essay
Name: Institution: Course: Tutor: Date: The ruling by The European Court of Justice (now the Court of Justice of the European Union) in the case of Semen v Deutsche Tamoil GmbH (C-348/07) means that a Principal in the UK will never choose indemnity on the termination of a commercial agency.... Although these are wide and varied as established in Crane v Sky In-House Services Ltd [2007] EWHC 66, they are important in ensuring that justice is served and the respective indemnity is reflective of all the losses that the agent incurs5....
8 Pages
(2000 words)
Essay
Institution Instructor Date Preliminary ruling procedure for The European Court of Justice Established in 1952, The European Court of Justice is the highest in the European Union in matters pertaining to Union law.... Its main role is to ensure that the law is observed, when interpreting and applying treaties of the european Union.... This decision is usually made at the request of a high court in a member state of the european Union....
3 Pages
(750 words)
Essay
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.... , 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....
12 Pages
(3000 words)
Essay
Instances of ompliance with EC law by the member states have compelled The European Court of Justice or ECJ, to formulate a general principle of state responsibility.... he preliminary reference procedure set out in Article 234 of the EC defines a formal relationship between The European Court of Justice and the national courts.... As per the provisions of Article 234, if any clarification are required on questions of EC law, then any ‘court or tribunal may if it considers that a decision on the question is necessary to enable it to give judgement, require the court of justice to give a ruling thereon'....
12 Pages
(3000 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 paper "The Role of The European Court of Justice" states that according to Dicey, the judicial role is to protect Parliamentary sovereignty from any encroachment by the executive and in doing so, fulfill the function that Parliament has assigned to judicial authorities.... The core of the principle of subsidiarity is to be found within Article 5 (formerly 3B) of the EC Treaty, that is intended to effectively define the relevant competencies of both the individual member states as well as the entire european Community of member states....
9 Pages
(2250 words)
Coursework
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