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Der Anspruch auf rechtzeitigen Rechtsschutz im Gemeinschaftsprozessrecht. /. Bd. 27 / Marco Ottaviano.
Tübingen : Mohr Siebeck, 2009
XVI, 278 S. ; 24 cm.
The overly long duration of legal proceedings at the European Court of Justice is the Achilles' heel of the Community legal system. Marco Ottaviano explains the reasons for this, examines existing suggestions for a reform and in addition develops his own approaches for a solution. His dogmatic basis is the right to legal redress laid down in Community law. He explains the content of this right and studies the measures which should be taken by those concerned, such as for example Community lawmakers, Community courts and Community Member States in order to meet their obligations
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Die Rechtskraft von Gerichtsentscheidungen in der Europäischen Union.:. Bd. 33 / : eine Untersuchung vor dem Hindergrund der deutschen, französischen und englischen Rechtskraftlehren. / Claas Friedrich Germelmann.
Tübingen : Mohr Siebec, 2009
XXVII, 515 S. ; 24 cm.
The ancient proposition "res judicata pro veritate habetur" (i.e. the matter which has finally been adjudicated is deemed to be the truth) reveals how central the principle of res judicata is to a legal system in general. Apart from its significance in procedural law, the concept of res judicata has a serious impact on questions of substantive law. It is common to the legal traditions of all the member states of the European Union and it is generally acknowledged that it also applies to decisions of the ECJ. Claas Friedrich Germelmann examines the res judicata principles in German, French and English law and shows that although being influenced by the different legal traditions of the member states, the concept of res judicata in the case law of the ECJ has several specific features which have to be seen in the context of the general purposes and characteristics of EC law
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