European Court of Justice

Court of justice of the European communities.

Older Europeans and the European Court of Justice.

BACKGROUND the European Court of Justice (ECJ) is considered by many to be the most important judicial institution of the European Union today. Despite the potential importance and relevance of the ECJ rulings to the lives and rights of older Europeans, no research has attempted to analyse or to study the ECJ rulings in this field. OBJECTIVE to describe the ECJ case-law in the field of elder ...

Who Are the ‘‘Masters of the Treaty’’?: European Governments and the European Court of Justice

Few contest that the European Court of Justice (ECJ) is an unusually influential international court.1 The Court can declare illegal European Union (EU) laws and national laws that violate the Treaty of Rome in areas traditionally considered to be purely the prerogative of national governments, including social policy, gender equality, industrial relations, and competition policy, and its decis...

European Court of Justice Case Law as a Means of Unification of Private Law?

This Essay does not focus on the feasibility of an European Community (”EC”) civil code, but rather addresses questions of substance relating to the law of obligations, that is, the law of contract and tort, leaving aside the law of property and family law. Nevertheless, I must state that I do not believe in the feasibility of a uniform Civil Code for the European Community. Rather than employi...

Judicial Protection of the Individual by the European Court of Justice

This Essay focuses on one aspect of the work of the European Court, that of judicial protection of the individual, an area where it appears that the Court has taken steps towards the creation of a common law for Europe, or ius commune. JUDICIAL PROTECTION OF THE INDIVIDUAL BY THE EUROPEAN COURT OF JUSTICE