Parallel and Conflicting Enforcement of Law

Erscheinungsjahr 2005
ISBN: 978-90-04-14762-1
Verlag: Brill

Buch, Englisch, 300 Seiten, Format (B × H): 178 mm x 213 mm, Gewicht: 367 g

This anthology contains essays on the subject of parallel proceedings, based on interventions by a multinational assembly of scholars, judges and lawyers at a symposium held in Thoresta, Sweden. Seven of the essays deal with the subject at a general level, addressing questions like uniform application of law, polycentricity and European harmonisation of procedural law. Eight of the essays are concerned with specific parallel situations: administrative law before oridinary courts, criminal law in civil proceedings abd concurrent application of competition law. Although emphasis is put on procedural law, the authors may be characterised as qualified specialists with expertise from different fields, like contract law, legal philosophy, administrative law, competition law, criminal law. The anthology may be used as a basis for further research on parallel proceedings in various fields. Furthermore, it is an important starting-point for progressive reflection on issues like transnational litigation, the concept of consistency, pluralism and comparative law, and their meaning in the future idea of law in Europe and the world.

Autoren/Hrsg.

Andersson, Torbjörn

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

Preface;
Part I: On the Subject:
Welcome Address Stig Strömholm;
Parallel and Conflicting Enforcement of Law Torbjörn Andersson;
Parallel and Conflicting Enforcement of Law Marcel Storme;
Part II: Administrative Law and Ordinary Courts:
Concurrent or Parallel Proceedings in English Law: at the Crossroads of Administrative, Civil and Criminal Law Mads Andenas;
Compensation for a Public Service not Received: a Dual/Parallel Competence of Finnish Ordinary and Administrative Courts of Law? Outi Suviranta;
Parallel Competence of Ordinary and Administrative Courts in Sweden Johan Hirschfeldt;
Part III: Concurrent Application of Criminal Law:
Applying Different Evidentiary Standards to Criminal Conviction and Compensation Roberth Nordh;
Applying Different Evidentiary Standards to Criminal Conviction and Compensation: a Parallel and Conflict Enforcement of Law? Asbjørn Strandbakken;
Part IV: Competition Law:
The Enforcement of Competition Law in a Multi-Jurisdictional Environment: New Perspectives on National, European, and International Concurrency Renato Nazzini;
Consistent Application of Competition Laws Across System Borders: Rethinking the Issues David J. Gerber;
EU Competition Law and Labour Law Ruth Nielsen;
Part V: Uniform Application of Law; Procedural Approximation and Legal Pluralism in the European Union Konstantinos C. Kerameus;
Tertium Comparationis Rediscovered? Henrik Zahle;
Coherence and Defeasibility – a Comment to Henrik Zahle’s Polycentric Application of Law Aleksander Peczenik;
Cited Books and Articles.