1,721,019 research outputs found

    Article 47 of the Charter and the Principle of Effective Judicial Protection before National Courts:Comparative Remarks

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    We concluded our first volume of this project arguing that the application of Article 47 of the Charter of Fundamental Rights of the European Union (hereinafter EUCFR or ‘the Charter’) by the Court of Justice of the European Union (hereinafter CJEU or ‘the Court’) has been ‘remarkable’, both quantitatively and qualitatively. Quantitatively, Article 47 is – by far – the most commonly used provision of the Charter by the CJEU. Qualitatively, the first volume showed that Article 47 has become a cornerstone of the European system of multilevel judicial protection and has been used to shape systemic features of the national legal orders of the Member States...

    Introduction

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    This ambitious, innovative project examines that question over two volumes. In the second volume an expert team explores how the national courts have interpreted the PEJP, as expressed in particular by Article 47

    Conclusions

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    In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on ..

    Introduction

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    Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 ::The National Courts' Perspectives /

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    This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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