Where can I find EU case law?
Where to find EU case law
- Westlaw. The ‘European Union’ search screen provides access to case law from 1954 onwards. To search or browse case law and legislation: from the home page, select ‘More’ and then ‘European Union’.
- Lexis Library. Contains case law from 1954 onwards.
Is case law based on precedent?
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
How many cases has the UK lost at the ECJ?
Research by the Vote Leave referendum campaign group found that the UK has been defeated in 101 out of 131 legal actions taken to the European Court of Justice over the last 40 years. Rulings against the UK Government included prolonging a ban on world-wide export of British beef and scrapping a cut in beer duty.
What is an example of case precedent?
The definition of precedent is a decision that is the basis or reason for future decisions. An example of precedent is the legal decision in Brown v. Board of Education guiding future laws about desegregation. An act or instance that may be used as an example in dealing with subsequent similar instances.
How do you cite ECJ cases?
EU cases
- Judgments of the European Court of Justice and Court of First Instance:
- Give the case registration number in roman and then the name of the case in italics, with no punctuation between them.
- case number | case name | [year] | report abbreviation | first page.
What is the EU case law?
EU case-law is made up of judgments from the European Union’s Court of Justice, which interpret EU legislation.
How are precedents established through case law?
Case law (or judicial precedent) is law which is made by the courts and decided by judges. Judicial precedent operates under the principle of stare decisis which literally means “to stand by decisions”.
What makes a case precedent?
Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
When has the ECJ overrule UK law?
The outcome of the legal saga, which ran from 1989 to 2000, was that the House of Lords acknowledged in October 1990 that EU law was supreme over British law in areas where there are competencies in the EU treaty.
Is obiter dictum binding?
Under the doctrine of stare decisis, statements constituting obiter dicta are not binding, although in some jurisdictions, such as England and Wales, they can be strongly persuasive.
What is meant by precedent in law?
precedent, in law, a judgment or decision of a court that is cited in a subsequent dispute as an example or analogy to justify deciding a similar case or point of law in the same manner.