EU Procedural Law - Edition 2015

LENAERTS Koen, MASELIS Ignace, GUTMAN Kathleen

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Summary

A thorough overhaul of the work previously published as Procedural Law of the European Union, the leading authority on judicial protection in the EU A well-established text that is the first port of call for any lawyer litigating in the European courts, and academics studying the EU judicial system Covers significant institutional developments including the relevant changes brought by the entry into force of the Lisbon Treaty, and the ECJ's new rules of procedure The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Readership: UK, EU, and international legal practitioners; international academic scholars, researchers, and students at undergraduate and post-graduate levels; EU civil servants and public officials of EU Member States

Table of contents

1: General Introduction PART I: THE JUDICIAL ORGANIZATION OF THE EUROPEAN UNION 2: The European Courts 3: Cooperation Between National Courts and the Court of Justice: The Reference for a Preliminary Ruling 4: National Procedural Autonomy, Equivalence, and Effectiveness PART II: ENFORCEMENT OF UNION LAW 5: The Action for Infringement of Union Law by a Member State 6: Preliminary Rulings on the Interpretation of Union Law PART III: PROTECTION AGAINST ACTS OF THE INSTITUTIONS 7: The Action for Annulment 8: The Action for Failure to Act 9: The Objection of Illegality 10: Preliminary Rulings on the Validity of Union Law 11: The Action for Damages 12: Application for an Opinion on the Compatibility with the Treaties of an International Agreement to be Concluded by the Union PART IV: SPECIAL FORMS OF PROCEDURE 13: Proceedings for Interim Measures Before the Union Courts 14: Proceedings for Authorization to Serve a Garnishee Order on the Union 15: Unlimited Jurisdiction of the Union Courts in Respect of Actions Relating to Sanctions 16: Appeals 17: The Review Procedure 18: Proceedings Brought by Officials and Other Servants of the Union (Staff Cases) 19: Jurisdiction of the Union Courts to Give Judgment Pursuant to an Arbitration Clause or Special Agreement 20: Jurisdiction of the Union Courts over Disputes Relating to Intellectual Property Rights 21: Jurisdiction of the Court of Justice under Conventions Concluded by the Member States 22: Jurisdiction of the Court of Justice of the European Union with Regard to the Area of Freedom, Security, and Justice PART V: PROCEDURE BEFORE THE UNION COURTS 23: Common Procedural Rules Applicable to Cases Before the Union Courts 24: Procedure in the Case of References for a Preliminary Ruling 25: Procedure in the Case of Direct Actions 26: Procedure in the Case of Appeals Against Decisions of the General Court