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2 edition of European Court"s acte clair strategy in C.I.L.F.I.T found in the catalog.

European Court"s acte clair strategy in C.I.L.F.I.T

Hjalte Rasmussen

European Court"s acte clair strategy in C.I.L.F.I.T

or:"acte clair, of course!" but what does it mean?.

by Hjalte Rasmussen

  • 359 Want to read
  • 11 Currently reading

Published by Sweet & Maxwell in London .
Written in English


Edition Notes

Photocopy of: European law review, vol. 9, (1984), pp.242-259.

Other titlesEuropean law review.
ID Numbers
Open LibraryOL14800612M

Exception II: Acte clair 33 Origin of the acte clair doctrine 33 Acte Clair in CILFIT 35 Exception III: Necessary reference for solving the case 36 ECJ European Court of Justice ECtHR European Court of Human Rights ELR European Law Review ERT Europarättslig Tidskrift EU European Union. 2. 2. The scope of acte clair in direct tax cases as regards the EC Treaty The scope of acte clair in relation to the EC direct tax directives Acte clair and preliminary rulings in ”purely internal” situations Acte clair and the interpretation of other acts than the EC Treaty and secondary legislation 3.

Acte Clair See, amongst many: C. Barnard and E. Sharpston, 'The Changing Face of Article References' () 34 CML Rev, , D. O'Keeffe, 'Is the Spirit of Article under Attack?' () EL Rev, , H. Rasmussen, 'The European Court's Acte Clair Strategy in CILFIT () 9 EL Rev, The Court of Justice of the European Union (CJEU) interprets EU law to make sure it is applied in the same way in all EU countries, and settles legal disputes between national governments and EU institutions.. It can also, in certain circumstances, be used by individuals, companies or organisations to take action against an EU institution, if they feel it has somehow infringed their rights.

  This article examines the acte clair doctrine in light of the recent rulings of the Court of Justice of the European Union in Ferreira da Silva and X and van first analyses the earlier case law on acte clair, disclosing inconsistencies in the application of its , it offers a critical review of Ferreira da Silva and X and van Dijk. Court of Justice of the European Union or European Court of Justice Introduction to European Court of Justice The European Court of Justice (ECJ) is the judicial arm of the EU. Based on the book “A Concise Encyclopedia of the European Union from Aachen to Zollverein”, by Rodney Leach (Profile Books; London) See Also Resources.


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European Court"s acte clair strategy in C.I.L.F.I.T by Hjalte Rasmussen Download PDF EPUB FB2

Rasmussen, Hjalte: Classics of the First 40 Years. The European Court's Acte Clair Strategy in C.I.L.F.I.T., European Law Review p (EN) Stone Sweet, Alec: The Juridical Coup d'Etat and the Problem of Authority: CILFIT and Foto-Frost, The Past and Future of EU Law.

The European Court's acte clair strategy in C.I.L.F.I.T by Hjalte Rasmussen,Sweet & Maxwell edition, in English. The European Court's acte clair strategy in C.I.L.F.I.T or: 'acte clair, of course!' but what does it mean.

from European law review Add to My Bookmarks Export citation Type. Rasmussen, Hjalte: Classics of the First 40 Years. The European Court's Acte Clair Strategy in C.I.L.F.I.T., European Law Review p (EN) Sap, Jan Willem ; Smit, Marije: Ars Aequi Jurisprudentie Europeese Recht (3e druk) p (NL).

The European Court's Acte Clair Strategy in CILFIT. Add to My Bookmarks Export citation. Type Article Author(s) H Rasmussen Date Volume 9 Page start OpenURL Check for local electronic subscriptions Is part of Journal Title European law review Date Publisher Sweet & Maxwell Pub place Andover ISSN The European Court's Acte Clair Strategy in C.I.L.F.I.T., European Law Review p (EN) Stone Sweet, Alec: The Juridical Coup d'Etat and the Problem of Authority: CILFIT and Foto-Frost, The Past and Future of EU Law.

The European Court’s Acte Claire Strategy in CILFIT. Add to My Bookmarks Export citation. Type Article Author(s) Hjalte Rasmussen Date Volume 9 Page start Page end Me and my shadow: The European Court of Justic Library availability.

View. This article examines the acte clair doctrine in light of the recent rulings of the Court of Justice of the European Union in Ferreira da Silva and X and van first analyses the earlier case law on acte clair, disclosing inconsistencies in the application of its requirements.

Then, it offers a crit. The Acte Clair in EC Direct Tax Law Sample excerpt Is it acte clair. General report on the role played by CILFIT in direct taxation Ana Paula Dourado 1. Introductory remarks European tax law professors have been meeting with increasing frequency, in order to analyse and discuss the growing body of the European Court of Justice’s.

the European Court of Justice (ECJ) endorsed the use of the. acte clair. doctrine – the notion that national courts of “last resort” may decide to refrain from seeking a preliminary ruling under Article (3) EC. The Court alsostipulated a list of factors – the. CILFIT. criteria – that should be satisfied before the doctrine may be.

Setting a reading intention helps you organise your reading. You can filter on reading intentions from the list, as well as view them within your profile. Read the guide ×.

The acte clair doctrine, first articulated in Cilfit (C/81), states that in accordance with article TFEU, a national court against whose judgment there is no higher appeal must refer a question to the ECJ when a question on the interpretation of EU law arises, unless the answer is “so obvious as to leave no scope for any reasonable doubt”.

This article examines the acte clair doctrine in light of the recent rulings of the Court of Justice of the European Union in Ferreira da Silva and X and van first analyses the earlier case law on acte clair, disclosing inconsistencies in the application of itsit offers a critical review of Ferreira da Silva and X and van Dijk.

The European Court's Acte clair strategy in C.I.L.F.I.T. Hjalte Rasmussen. págs. Articles. Judicial review after KME: an even Stronger Case for the Reform that Will Never Be págs.

Data Protection Confronts Freedom of Expression on the "New Media" Internet: the Stance of European Regulatory Authorities. David Erdos. Now, although I do not think that the doubt expressed by a lower court within the same Member State rules out the prospect of an acte clair, the Hoge Raad’s Question 1, as it is framed, mentions the possibility that it might itself be required to refer a question to the Court, or that it might have to await the outcome of an independent set.

Acte Clair and the temporal effect of ECJ decisions. The Acte Clair doctrine: As indicated in the first panel the Acte Clair doctrine is used to resolve the question under art. EC treaty whether a national court has the obligation to submit a question for a preliminary ruling by the ECJ.

This. The Court of Justice. The Court of Justice of the European Union (CJEU) is the European Union’s court. It is a significant and controversial institution and has been responsible for a number of substantial developments in the European Union’s history.

This article examines the acte clair doctrine in light of the recent rulings of the Court of Justice of the European Union in Ferreira da Silva and X and van Dijk. It first analyses the earlier case law on acte clair, disclosing inconsistencies in the application of its requirements.

establishment and free movement of services by Dutch courts. The source of this poem is K. Allott, The Penguin Book of Contemporary Verse (Harmondsworth: Penguin Books ), p. But on the internet one can find plenty of links to pages on the poet W.H. Auden.

A guide to the poetry of W.H. Auden can be found at. In September the Court of Justice ruled for the first time that a national Supreme Court had breached its obligation to request a preliminary ruling under Article (3) of the TFEU.

The case of Ferreira concerned both a violation of the Acte. This article examines the acte clair doctrine in light of the recent rulings of the Court of Justice of the European Union in Ferreira da Silva and X and van Dijk.In the CILFIT judgment, the Court of Justice sets limits to the obligation to make a reference for a preliminary ruling, which, according to the third paragraph of Article of the EEC Treaty (now Article of the EC Treaty), falls to the national courts of last instance.

Those courts are bound to bring a matter before the Court when, in connection with a case, and irrespective of the.The article deals with the preliminary ruling procedure and the issues of willingness of national courts to refer to the European Court of Justice pursuant to Article of the EC Treaty.

Its first part introduces the acte clair doctrine and explains the Cilfit criteria, the second part focuses on an application of the doctrine in praxis.