Author : Thomas Horsley
Publisher : Cambridge University Press
Page : 327 pages
File Size : 17,32 MB
Release : 2018-07-19
Category : Law
ISBN : 1107124034
Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration.
Author : Renaud Dehousse
Publisher : Palgrave Macmillan
Page : 227 pages
File Size : 21,59 MB
Release : 1998-10-15
Category : Political Science
ISBN : 9780312215101
This book provides a broad-ranging assessment of the Court's contribution to the integration process. It shows how the Court has taken advantage of opportunities when they have arisen in the European political process to "constitutionalize" the founding treaties and to exert a strong influence on policy decisions. It also examines challenges confronting the European Union and examines why the Court's active role has not encountered greater opposition and analyzes the implications for the Court of current issues.
Author : Lionel Neville Brown
Publisher :
Page : 496 pages
File Size : 10,78 MB
Release : 1994
Category : Law
ISBN :
This text provides background information for practitioners wishing to find out about the workings of the Court of Justice of the European Communities. This edition has been updated to reflect recent changes, including the impact on the Court of the Maastricht Treaty and the EEA agreement. The Court of First Instance is now fully operational, with its own rules on procedure, and there is a growing body of case law. The book also deals with amendments to the rules of procedure of the Court of Justice, and developments in case law, including Zwartfeld, Francovich and a number of others.
Author : Henry G. Schermers
Publisher : Kluwer Law International B.V.
Page : 922 pages
File Size : 24,94 MB
Release : 2001-12-20
Category : Law
ISBN : 9041116311
Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully describing the nature of the judicial protection available to individuals, undertakings, and member States. With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a much-needed perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing light on how the rule of law may develop in future. An introductory chapter offers a masterful description of how Treaty provisions, Community acts, international law, and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis and insight into such matters as the following: the crucial role of national courts as guarantors of the rights of individuals in Community law the validity of acts taken by Community institutions and member States, and protection against them the delivery of non-judicial opinion and other tasks of the Court of Justice the composition, function, and rules of procedure of the Court the organisation of the Court of First Instance and the appeal procedure against its decisions. Judicial Protection in the European Union is organised to facilitate its prodigious reference value. All important cases are examined, and abundant footnotes clearly indicate relevant precedents in each case. This is a fundamental source for students of European law, as well as a basic reference for practitioners and a valuable analysis of the strengths and weaknesses of the European system of judicial protection.
Author : Jessica Guth
Publisher : Routledge
Page : 231 pages
File Size : 28,19 MB
Release : 2018-07-27
Category : Law
ISBN : 1351855093
Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.
Author : Leonardo Pierdominici
Publisher : Springer Nature
Page : 418 pages
File Size : 25,20 MB
Release : 2020-07-02
Category : Political Science
ISBN : 3030478645
This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.
Author : Luis Miguel Poiares Pessoa Maduro
Publisher : Bloomsbury Publishing
Page : 206 pages
File Size : 17,71 MB
Release : 1998-02-01
Category : Law
ISBN : 1847310869
The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this new book offers both a descriptive and a normative analysis of the European Economic Constitution and discusses the role of the European Court of Justice in its development and in the review of State and Community legislation. The book is particularly relevant in view of the present debates on the European Constitution and the reform of the regulatory State.
Author : Marise Cremona
Publisher : Bloomsbury Publishing
Page : 300 pages
File Size : 13,62 MB
Release : 2014-09-25
Category : Law
ISBN : 1782253254
This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.
Author : Arie Reich
Publisher : Oxford University Press, USA
Page : 433 pages
File Size : 50,10 MB
Release : 2020-10-29
Category : Law
ISBN : 0198855931
Exploring the external impact of the Court of Justice of the European Union, this book delves into the influence its judgments have outside EU borders and particularly on the legal systems of countries in the European neighbourhood. A team of scholars from non-EU countries provided analysis and insight into this project.
Author : Richard Lang
Publisher : BRILL
Page : 390 pages
File Size : 22,96 MB
Release : 2018-07-17
Category : Law
ISBN : 9004354263
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
