This thesis describes the system of submitting observations envisaged in Article 23 of the Protocol on the Statute of the European Court of Justice. The thesis seeks to illustrate and criticize the utilization of the system enshrined in Article 23 by the member states of the European Union. The experience of the United Kingdom is analyzed by examining the preliminary ruling judgments that the government of the United Kingdom has submitted observations in order to describe the system and demonstrate its application by a member state of the European Union.

Univ., Diss.--Kiel, 2003.

Thesis (doctoral), Universität, Düsseldorf, 2006. / Includes bibliographical references (p. 245-257).

Thesis (M.A.)--Victoria University of Wellington, 2009. / Includes bibliographical references.

Thesis (Ph. D. in Political Science)--Vanderbilt University, Aug. 2005. / Title from title screen. Includes bibliographical references.

Thesis (doctoral), Universität, Düsseldorf, 2006. / Includes bibliographical references (p. 245-257).

The role of the Advocates General in the Judicial System of the European Union This thesis deals with the important procedural adaptation of the specific institute of the jurisdiction of the EU. An Advocate-General is a member of the Court of Justice whose role is to provide, in accordance with Article 252 TFEU, the submission of public, wholly impartial, independent and reasoned opinions in cases which, under the Statute of the Court of Justice of the European Union, require his participation. Although a similar function is not anchored in many jurisdictions of the Member States of the European Union, it has found its application within the framework of the functioning of the Court of Justice of the European Union. This thesis provides a thorough analysis of the position and role of the Advocate General, the sources of inspiration for and the development of this institute within the framework of the Union's judiciary system, in order to point out the importance of the role of his work. The thesis is divided into four parts which consist of sub-chapters. The first part is devoted to the French legislation of the institute of the Public Rapporteur, as a source of inspiration for the Union's Advocate General. The legal regulation of the Public Rapporteur is described within the context of the entire...

xi, 189 p. / Human rights advocates have championed the establishment of a regime of international legal accountability for grave violations of human rights, including genocide. Despite recent advances in establishing a regime of responsibility for individuals, when the International Court of Justice pronounced its 2007 judgment on the first case of state responsibility for genocide, Bosnia and Herzegovina v. Serbia and Montenegro, it exonerated Serbia of the most serious charges. Key to the Court's judgment was its spatialized definition of genocide as 'destruction in part' and its acceptance of Serbia's calculated strategy of legal immunization of establishing the Bosnian territory it sought to annex as a formally separate political entity. Considering the Court's latitude of interpretation regarding these spatial and territorial factors in light of the law, this thesis argues that geopolitical considerations influenced a judgment that will greatly limit the future possibility of any state or individual being found responsible for genocide. / Committee in charge: Shaul Cohen, Co-Chair; Alexander B. Murphy, Co-Chair

A presente dissertação aborda a problemática questão da responsabilidade do Estado por omissões judiciais em seus diversos aspectos. Apresenta um panorama geral do papel e da função do instituto da responsabilidade extracontratual do Estado concebido dentro de um sistema amplo de controle e responsabilidade em sentido amplo do Poder Judiciário e da magistratura, sobretudo no sistema brasileiro. Examina a tipologia dos atos oriundos do Poder Judiciário para fins da incidência da responsabilidade estatal. Analisa a responsabilidade do Estado em face dos atos jurisdicionais e não jurisdicionais do Poder Judiciário. Estuda separadamente cada requisito da responsabilidade do Estado por omissão. Traça as peculiaridades de cada um desses requisitos considerando as peculiaridades da atividade judiciária. Propõe e delimita, com enfoque (mas não exclusivamente) no processo cível, oito espécies de omissões judiciais passíveis de gerar a responsabilidade do Estado. Enfrenta, dentre essas espécies, a questão da denegação de justiça e morosidade judicial. Trata da responsabilidade pessoal do magistrado e demais servidores. Discorre sobre a relação dessa responsabilidade com a do Estado. E, por fim, expõe algumas questões processuais relacionadas a tais ações. / This dissertation addresses the highly problematic issue regarding liability of the State on court omissions in its various aspects. It provides an overview of the role and function of the liability of the State in torts considering the Brazilian broad control system of judicial acts. This work deals with specific types of acts related to liability of the State in the Judiciary, by analyzing the liability on judicial and non-judicial acts. It also studies each aspect of the liability of the State on court omissions considering the peculiarities of the judicial activity. Another point is the effort to clearly define eight species of court omissions focusing (but not exclusively) in Civil Procedure Law and the attempt to deal with issues related to justice denial and judicial delay. It studies judge and judicial employees accountability and the discussion related to this judicial accountability and the State. Finally, it presents some procedural issues related to such actions.

This thesis examines the topic of conflict of norms in European Union (EU) law and the legal reasoning of the European Court of Justice (ECJ), arguing that the framework of conflict of norms provides conceptual insight into justification and the role of value choices in legal reasoning. After examining the theory of conflict of norms, which seems to have been relatively under-studied generally and especially in EU law, it examines three particular aspects of norm conflict resolution in the legal reasoning of the ECJ and EU law: conflict of interpretative norms, especially the opposition between conserving and innovative interpretation; conflicts of human rights norms, looking in particular at the idea of a hierarchy of rights and of specificationism in the articulation of rights; and conflicts of competence norms. It concludes that the scope exists for a fuller justification of the choice of norms in the legal reasoning of the ECJ and generally in EU law and offers a perspective on how the values articulated by the EU suggest particular approaches to norm conflict resolution by the ECJ in its decision-making in these fields, in particular, a greater resort to lex specialis and originalist or historical interpretation, in contrast to its current method.