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Courts and Comparative Law$
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Mads Andenas and Duncan Fairgrieve

Print publication date: 2015

Print ISBN-13: 9780198735335

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198735335.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 November 2019

Comparative Law and the European Union Civil Service Tribunal

Comparative Law and the European Union Civil Service Tribunal

Chapter:
(p.187) 10 Comparative Law and the European Union Civil Service Tribunal
Source:
Courts and Comparative Law
Author(s):

Haris Tagaras

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198735335.003.0010

This chapter examines the comparative-law aspects of the Civil Service Tribunal (CST). It focuses on the requirement of the balanced composition of the Tribunal with respect ‘to the national legal systems represented’, and on the recourse by the Tribunal to comparative law (including comparative-law methods) when adjudicating cases. It begins with a discussion of the establishment and main powers of the CST, insisting on the rationale and ambit of the ‘representativity clauses’, and it goes on to examine in depth the recourse to national laws, either as a source of inspiration for the autonomous interpretation of staff law or as ‘lex causae’ (with or without a private international law reasoning).

Keywords:   Civil Service Tribunal (CST), comparative law, national legal systems, adjudication, autonomous interpretation, private international law

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