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Author: Urszula Jaremba
National Judges as EU law Judges: The Polish Civil Law System by Urszula Jaremba aims at filling a research gap in one of the key areas of EU law concerning its enforcement at the national level and the phenomenon of judicial behaviour. More precisely, it examines the way civil judges in Poland function as EU law judges, and the practical problems they encounter while striving to actualise this constitutive role. However, the book goes beyond the formal law scenario, and investigates how Polish civil judges establish their own understanding of EU law and the new requirements it has imposed upon them. To this end, the study employs an empirical − that is to say quantitative and qualitative − methodology and theory to result in a socio-legal study that combines legal and empirical insights into the way national judges function in the context of EU law.

early that the eu law forms a ‘new legal order’ of international law. 15 As such it has been attached a special identity separate from international law. This necessarily means that the ‘new legal order’ demonstrates certain properties which are not found in the traditional international legal order

In: Ius Doni in International Law and EU Law
Author: Alan Littler
Since the 1990s the European Court of Justice has provided an institutional backdrop from which the requirements of EU law regarding gambling regulation are evolving. Given the total absence of harmonisation, Member States are competent to regulate gambling conditional upon such regulation being compatible with EU law. This book analyses the regulatory approaches undertaken in France, the Netherlands and the United Kingdom regarding a variety of forms of online and offline gambling with a view to assessing the compatibility of these approaches. Furthermore it illustrates prevailing commonalities between the regimes and injects a degree of realism into the debate, softening the hard stance taken by stakeholders at opposite ends of the policy spectrum.

with its obligations surrounding the implementation of the precautionary principle under EU law. The key issue is the balance between the need to speed up the authorisation procedure to quickly deploy the vaccines and the obligation to ensure their quality, safety and efficacy under EU law. The paper

Open Access
In: European Journal of Health Law
The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law
The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.
Author: Ludwig Krämer

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/161372709X457684 JEEPL 6 . 1 ( 2009 ) 13 – 35 The environmental complaint in EU law Prof. Dr. Ludwig Krämer Abstract The European Commission which has a large discretion to decide which infringements of EC environmental law it will pursue, has

In: Journal for European Environmental & Planning Law
Author: Jan Darpö

to eu law. Thereafter, I elaborate on the meaning of “substantive and procedural legality” of the judicial review. Then I discuss how to define “public concerned” and the distinction between general and personal interests in relation to individual’s standing. The next issue concerns the role of the

In: Journal for European Environmental & Planning Law
Author: Ludwig Krämer

Spanish coal-fired power plants or other industries – steel, cement plants – might have in substituting indigenous Spanish coal by imported coal; such difficulties appear to be of more theoretical nature. 5 Under eu law, State aid is, in principle, prohibited, 6 though Article 107 itself

In: Journal for European Environmental & Planning Law
Author: Paul Gragl

Nord Stream 2 project (and that such an agreement is highly unlikely to be concluded in the present-day political climate), again, the questions I attempt to answer in this contribution are: which existing legal regime is applicable to Nord Stream 2? Is it EU law or international law and, if the latter

In: Review of Central and East European Law
In Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of ius doni in the contemporary legal and political theorising of citizenship. Providing a comprehensive analysis of the subject, the book discusses the legal and political concepts of citizenship. It also introduces a new term for what is already an increasingly common and accepted practice of granting citizenship on the basis of substantial contributions to the State. Consisting of two main parts – law and practice – the monograph analyses the ius doni concept in both international law and EU law, further tests its application in practice and establishes best practices among states. Finally, the book discusses the conceptual and practical implications for citizenship.