The Fundamental principles of EEA Law : EEA-ities / Carl Baudenbacher, editor.
2017
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Title
The Fundamental principles of EEA Law : EEA-ities / Carl Baudenbacher, editor.
Added Author
Imprint
Cham : Springer, 2017.
Description
1 online resource
Formatted Contents Note
""Preface""; ""Fundamental Principles of EEA Law: EEA-ities""; ""Content Overview""; ""Contents""; ""Contributors ́Biographies""; ""Abbreviations""; ""Legislative Homogeneity""; ""1 Introduction""; ""2 The Notion of Homogeneity in the EEA Agreement""; ""3 Homogeneity: A Prerequisite for the Functioning of the Internal Market""; ""4 Decision Making in the EEA""; ""5 Decision Shaping in the EEA""; ""6 A Case in Point: The Financial Supervisory Authorities""; ""7 Reality and Limits of Legislative Homogeneity""; ""8 Homogeneity and Sovereignty""; ""References""
""Judicial Homogeneity as a Fundamental Principle of the EEA""""1 The Wider Picture""; ""1.1 Uniform Interpretation of the Lugano Convention: The Original Story""; ""1.2 Uniform Interpretation of the 2007 Lugano Convention: The New Story""; ""2 The Set-Up of the EEAÂś Judiciary""; ""3 Homogeneity and Dispute Settlement Mechanism Under the Agreement""; ""4 The Luxembourg Courts Operating Under EEA Homogeneity Rules""; ""4.1 From One-Way Street Homogeneity to Judicial Dialogue""; ""4.2 The Branches of Homogeneity""; ""4.3 First Mover Scenarios""
""5 From Snapshot in Time Homogeneity to a Process-Oriented Concept""""6 How Has It Worked So Far?""; ""References""; ""Reciprocity""; ""1 Introduction""; ""2 Early Literature""; ""2.1 Starting Point""; ""2.2 Direct Effect and Primacy""; ""2.3 State Liability""; ""2.4 Obligation of the Courts of Last Resort to Refer?""; ""2.5 Legal Nature of the CourtÂś Preliminary Rulings""; ""3 Early Case-Law""; ""3.1 ECJ Opinion 1/91""; ""3.2 Jurisprudence of the EEA Courts""; ""3.2.1 Direct Effect and Primacy""; ""3.2.2 State Liability and Conform Interpretation""; ""3.2.3 Obligation to Refer?""
""3.2.4 Legal Nature of the CourtÂś Preliminary Rulings""""3.3 Jurisprudence of National Courts of Last Resort""; ""3.3.1 Direct Effect and Primacy""; ""3.3.2 State Liability""; ""3.3.3 Obligation to Refer?""; ""3.3.4 Legal Nature of the CourtÂś Preliminary Rulings""; ""4 A New Mantra: `Room for ManoeuvreÂ"́"; ""4.1 General""; ""4.2 No Direct Effect and No Primacy, Full Stop""; ""4.3 Freedom of the Courts of Last Resort to Refer""; ""4.4 The CourtÂś Preliminary Rulings are Only Non-binding Advice""; ""4.5 Criticism of the Sovereigntist Approach""
""4.6 No `Room for Manoeuvre ́Claims in Iceland and Liechtenstein""""5 The 2012-2014 Conflict with the Norwegian Supreme Court""; ""5.1 Systematic Refusal to Refer Between 2002 and 2015""; ""5.2 Irish Bank and Jonsson: A Quasi-Obligation to Refer""; ""5.3 Business as Usual After Irish Bank and Jonsson?""; ""5.4 The STX Case""; ""5.5 From Confrontation to Conciliation""; ""6 Assessment of the Icelandic Appeal System""; ""7 Judicial Independence""; ""8 Conclusions""; ""8.1 General""; ""8.2 Limited Obligation of Courts of Last Resort to Refer""
""Judicial Homogeneity as a Fundamental Principle of the EEA""""1 The Wider Picture""; ""1.1 Uniform Interpretation of the Lugano Convention: The Original Story""; ""1.2 Uniform Interpretation of the 2007 Lugano Convention: The New Story""; ""2 The Set-Up of the EEAÂś Judiciary""; ""3 Homogeneity and Dispute Settlement Mechanism Under the Agreement""; ""4 The Luxembourg Courts Operating Under EEA Homogeneity Rules""; ""4.1 From One-Way Street Homogeneity to Judicial Dialogue""; ""4.2 The Branches of Homogeneity""; ""4.3 First Mover Scenarios""
""5 From Snapshot in Time Homogeneity to a Process-Oriented Concept""""6 How Has It Worked So Far?""; ""References""; ""Reciprocity""; ""1 Introduction""; ""2 Early Literature""; ""2.1 Starting Point""; ""2.2 Direct Effect and Primacy""; ""2.3 State Liability""; ""2.4 Obligation of the Courts of Last Resort to Refer?""; ""2.5 Legal Nature of the CourtÂś Preliminary Rulings""; ""3 Early Case-Law""; ""3.1 ECJ Opinion 1/91""; ""3.2 Jurisprudence of the EEA Courts""; ""3.2.1 Direct Effect and Primacy""; ""3.2.2 State Liability and Conform Interpretation""; ""3.2.3 Obligation to Refer?""
""3.2.4 Legal Nature of the CourtÂś Preliminary Rulings""""3.3 Jurisprudence of National Courts of Last Resort""; ""3.3.1 Direct Effect and Primacy""; ""3.3.2 State Liability""; ""3.3.3 Obligation to Refer?""; ""3.3.4 Legal Nature of the CourtÂś Preliminary Rulings""; ""4 A New Mantra: `Room for ManoeuvreÂ"́"; ""4.1 General""; ""4.2 No Direct Effect and No Primacy, Full Stop""; ""4.3 Freedom of the Courts of Last Resort to Refer""; ""4.4 The CourtÂś Preliminary Rulings are Only Non-binding Advice""; ""4.5 Criticism of the Sovereigntist Approach""
""4.6 No `Room for Manoeuvre ́Claims in Iceland and Liechtenstein""""5 The 2012-2014 Conflict with the Norwegian Supreme Court""; ""5.1 Systematic Refusal to Refer Between 2002 and 2015""; ""5.2 Irish Bank and Jonsson: A Quasi-Obligation to Refer""; ""5.3 Business as Usual After Irish Bank and Jonsson?""; ""5.4 The STX Case""; ""5.5 From Confrontation to Conciliation""; ""6 Assessment of the Icelandic Appeal System""; ""7 Judicial Independence""; ""8 Conclusions""; ""8.1 General""; ""8.2 Limited Obligation of Courts of Last Resort to Refer""
Summary
This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.-- Provided by publisher.
Source of Description
Online resource; title from PDF title page (EBSCO, viewed November 3, 2017).
Location
www
Available in Other Form
Printed edition:
Linked Resources
Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9783319451893 (electronic book)
3319451898 (electronic book)
9783319451886
3319451898 (electronic book)
9783319451886
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