
Contents
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A. Introduction A. Introduction
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B. Aim, scope, and methodology of the study B. Aim, scope, and methodology of the study
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C. Schola Europaea C. Schola Europaea
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1. Origin, organs, and function 1. Origin, organs, and function
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2. Legal nature 2. Legal nature
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3. Subject matters in dispute: school fees, pupil's non-promotion, and working conditions 3. Subject matters in dispute: school fees, pupil's non-promotion, and working conditions
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D. Direct or indirect judicial review (hypothesis 1) D. Direct or indirect judicial review (hypothesis 1)
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1. Acts of European Schools under scrutiny: direct judicial review 1. Acts of European Schools under scrutiny: direct judicial review
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2. Indirect judicial review: the UK Fletcher case 2008 2. Indirect judicial review: the UK Fletcher case 2008
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E. Effects of the monistic or dualistic tradition on judgments (hypothesis 2) E. Effects of the monistic or dualistic tradition on judgments (hypothesis 2)
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F. Law applied by national courts (hypothesis 3) F. Law applied by national courts (hypothesis 3)
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1. School fees cases 1. School fees cases
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2. Labour cases 2. Labour cases
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G. Immunity versus judicial review (hypothesis 4) G. Immunity versus judicial review (hypothesis 4)
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H. Final assessment H. Final assessment
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8 Challenging Decisions of the European Schools Before National Courts
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Published:September 2010
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Abstract
In the assessment of challenges against decisions of the European Schools before national courts, this chapter presents evidence that national courts have reacted in different ways when asked to set aside decisions of international organizations that may have immediate legal effect on private parties. Because of the peculiar nature of school decisions, a particularly rich case-law developed in countries where European Schools are located. Subject matters in dispute were the levying of school fees, the denial of a pupil to be admitted to a higher class, and working conditions in the European Schools. Methods of review are both direct and indirect. An illustrative example of indirect review is the 2008 UK Fletcher case in which an unfair dismissal action was reviewed on the basis of domestic legislation alone, but acknowledged the difficulties that might arise within the international legal framework the European Schools operate in.
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