Download or read book EU Treaties and the Judicial Politics of National Courts written by Pablo José Castillo Ortiz and published by Routledge. This book was released on 2015-08-11 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.
Download or read book Revisiting Judicial Politics in the European Union written by Mark Dawson and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
Download or read book The Power of the European Court of Justice written by Susanne K. Schmidt and published by Routledge. This book was released on 2014-06-11 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
Download or read book Judicial Politics in Europe written by Mary L. Volcansek and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1986 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Politics in Europe traces relations between each of the Member State judiciaries of nine countries of the European Community with the European Court of Justice, centering on the legal issue of preliminary rulings. The purpose of this exploration is to describe in a political-economic context the changes in these relationships over the period from 1961 to 1981 and to explain the causes and conditions of compliance or defiance of Community norms within the national judiciaries. This book is the first attempt to consider the impact of judicial norms cross-culturally.
Download or read book The European Court of Justice and the Policy Process written by Susanne K. Schmidt and published by Oxford University Press. This book was released on 2018-01-19 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states' preferences. This book argues that the implications of the supremacy and direct effect of the EU Treaty have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court's case law. If rulings have constitutional status, their impact will be considerable, even if the Court only occasionally diverts from member states' preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court's development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation partly codify case law. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies-but if they have constitutional status they have to go through this process. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union, undermining the legitimacy of this political order.
Download or read book The European Court of Justice written by Gráinne De Búrca and published by Oxford University Press, USA. This book was released on 2001 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.
Download or read book Judicial Activism at the European Court of Justice written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
Download or read book National Courts and EU Law written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
Download or read book The Court of Justice of the European Union and the Politics of Law written by Sabine Saurugger and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people. Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play.
Download or read book The Politics of Judicial Co operation in the EU written by Hans-W. Micklitz and published by Cambridge University Press. This book was released on 2005-07 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three case studies look into judicial co-operation between Member States and the ECJ.
Download or read book The Judicial Construction of Europe written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2004-09-09 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutionalchange in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolutionof supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking andgovernance; and why national administration and justice have been steadily 'Europeanized'.Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
Download or read book EU Law and Integration written by José Luís Da Cruz Vilaça and published by Bloomsbury Publishing. This book was released on 2014-09-04 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.
Download or read book The European Court and National Courts written by Anne Marie Slaughter and published by Bloomsbury Publishing. This book was released on 1998-03-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.
Download or read book The Relationship Between European Community Law and National Law written by Andrew Oppenheimer and published by Cambridge University Press. This book was released on 1994-10-27 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.
Download or read book The Court of Justice of the European Union written by Mattias Derlén and published by Bloomsbury Publishing. This book was released on 2018-01-25 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The court of justice then, now and tomorrow / Anthony Arnull -- Preliminary rulings to the CJEU and the Swedish Judiciary? Current developments / Ulf Bernitz -- A dynamic analysis of judicial behaviour: the auto-correct function of constitutional pluralism / Ana Bob¡c -- Pre-ratification judicial review of international agreements to be concluded by the European Union / Graham Butler -- Serving two masters: CJEU case law in Swedish first instance courts and national courts of precedence as gatekeepers / Mattias Derlén and Johan Lindholm -- The role of the court in limiting national policy-making? Requiring safeguards against the arbitrary use of discretion / Angelica Ericsson -- Institutional balance as constitutional dialogue: a Republican paradigm for the EU / Desmond Johnson -- House of Cards in Luxemburg? A brief defence of the strategic model of judicial politics in the context of the European Union / Olof Larsson and Daniel Naurin -- Referring court influence in the preliminary ruling procedure: the Swedish example / Anna Wallerman -- Citizen control through judicial review / Anna Wetter Ryde -- The Scandinavians? The foot-dragging supporters of European law? / Marlene Wind -- On specialisation of chambers at the General Court -- Ulf Berg, Mohamed Ali and Pauline sabouret
Download or read book Judicial Politics and Policy making in Western Europe written by Mary L. Volcansek and published by Routledge. This book was released on 2014-04-08 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next.
Download or read book The New EU Judiciary written by Emmanuel Guinchard and published by Kluwer Law International B.V.. This book was released on 2016-12-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.
