This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.
This book is structured to reflect the different questions that may arise in connection with a preliminary reference. It explains who can make a reference, what questions can be referred, and when can, when should, and when must a reference be made. Thereupon the book provides detailed guidance on the form and contents of the actual reference as well as the procedure, both before the referring court and the European Court of Justice. Finally, the preliminary ruling and its effects are explained together with the questions of cost and legal aid. Now in its third edition, this book has proved to be of considerable value to the legal practitioner faced with the subtleties of a preliminary reference - be it as judge or advocate. However, it is much more than an advance practitioners' guide. With backgrounds as both practitioners and academics, the two authors have produced a book that also caters for the needs of academics. The practical guidance is thus supplemented by the critical analysis of the Court of Justice's practice. This fully updated and revised edition of Broberg and Fenger on Preliminary References to the European Court of Justice provides a meticulous, yet easily accessible examination of all aspects of the preliminary reference procedure.
This fully updated and revised second edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. Since the first edition there have been significant changes to the European Union's legal foundations. First and foremost of those being the signing of the Lisbon Treaty, which has had both direct and indirect consequences for the preliminary reference procedure. In addition, the authors have taken into account amendments to the Rules of Procedure of the Court of Justice and the Court's amended Statute, they have added expanded treatment of the acte clair doctrine and the Court's Cartesio ruling and a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. In addition to these important updates, the authors have also revised the structure of the book. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
Analysis of the Court of Justice's practice, and the book is extensively referenced throughout with all the most relevant sources reproduced in the annexes. Readership: Advocates, Judges, and legal academics with an interest in EU law.
This book provides a detailed examination of the law and practice of the preliminary reference procedure in EU law. It is designed to be of practical use in litigation and case preparation.
Most of the world's developing countries have been colonies under one of the EU Member States. Today the European Union pursues preferential policies (in the form of special legal relationships) towards most of these former colonies. These preferential policies however differ rather significantly. This paper pursues two objectives. Firstly, it sets out to examine whether there is a pattern in the European Union's policies towards these former colonies. Since such a structure is identified, it secondly attempts to provide an explanation for this. Regarding the first objective, the paper divides the European Union's relations with its former colonies into four groups: 'Outermost Regions', 'Overseas Countries and Territories', 'ACP countries' and 'other former colonies'. By taking a bird's-eye view on the legal relationship between each of these four groups and the European Union, it is possible to identify two protuberant characteristics: (1) all four groups display two recurring elements, namely trade and aid, and (2) the Union rather overtly offers the most favourable conditions to Outermost Regions followed by Overseas Countries and Territories and ACP countries, and with the group of other developing countries as the one receiving the least preferential treatment. With regard to the second objective of the paper, it is suggested that the most plausible explanation for the disparate treatment between the four groups of developing countries is a combination of the various regions' 'political nearness' to their former colonial power combined with 'historical inertia' (meaning that the original level of preferential treatment is carried on in subsequent schemes). Hence, only within the fourth group of developing countries does Realpolitik appear to play the main role.
Contains over one hundred important cases on the topics of freedom of movement of goods, services, persons and capital. All these cases are accompanied by comments and questions, so the reader is encouraged to think in more depth about each of the judgments and their effects.
The Saqqaq Culture site Qeqertasussuk (2400-1400 BC) is situated in the south eastern corner of Disko Bay, West Greenland. The site was excavated between 1983 and 1987 by Qasigiannguit Museum. The stratified cultural deposits are exceptionally well preserved by permafrost and yielded hundreds of thousands of animal bones, feathers, plant remains, insect remains, wooden implements, and a wealth of other organic refuse as well as stone tools, house ruins, stone set fireplaces and other traces of habitation. In order to understand the life conditions of the inhabitants at Qeqertasussuk, a comparative survey of the historic distribution, density and availability of the living resources in the area is undertaken. This resource model is then evaluated against the paleo-environmental data. Also, comparative ethnohistorical and ethnographic data on the exploitation of the living resources in the area is presented. Subsistence and subsistence change at Qeqertasussuk is studied through a comprehensive analysis of the faunal material that consists of more than 200,000 animal bones. Quantitative methods are supplemented by detailed studies of seasonality and age composition of the hunting bag. Forty three species of animals are represented. Harp seal and ringed seal represent the most important game, but sea birds such as fulmar, Brünnich's guillemot, and little auk also play a significant role in the subsistence economy. Fish, especially Atlantic Cod, have been caught and remains of large whales indicate that these animals were utilized, but it can not be decided whether they were actively hunted. Most of the game was taken close by the site, however finds of caribou indicate that inland caribou hunting was undertaken and that Qeqertasussuk was part of a larger subsistence-settlement-system. Several species of plants were also utilized. Temporal changes in the composition of the faunal material indicate that significant changes occur in the subsistence at Qeqertasusuk. Four phases are identified: (1) Basecamp period I (2400-2100 BC). A pioneer phase where the site is used as a year-round base camp with more than 90% of the biomass being harvested within an area of approximately 80 km2, (2) Base-camp period II (2100-1900 BC), which seems to be the period of most intensive use and where new methods (probably netting) of harp seal hunting are introduced, (3) Hunting camp period (1900-1700 BC), where the site becomes more specialized and more seasonal with a focus on spring-summer hunting for harp seals, (4) high activity period (1700-1400 BC) indications of continued heavy sea mammal hunting. The site was abandoned around 1400 BC. The causes of the abandonment of Qeqertasussuk is discussed and the impact of the general cooling around 1500 BC on key resources such as harp seal and capelin is highlighted.
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.