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Author: Mikael Rask Madsen
Publisher: Cambridge University Press
Published: 2022-05-26
Total Pages: 389
ISBN-13: 1316511294
DOWNLOAD EBOOK →The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.
Author: Susanne K. Schmidt
Publisher: Oxford University Press
Published: 2018
Total Pages: 311
ISBN-13: 0198717776
DOWNLOAD EBOOK →This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
Author: William Phelan
Publisher: Cambridge University Press
Published: 2019-06-13
Total Pages: 279
ISBN-13: 1108499082
DOWNLOAD EBOOK →Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
Author: Renaud Dehousse
Publisher: Palgrave Macmillan
Published: 1998-10-15
Total Pages: 227
ISBN-13: 9780312215101
DOWNLOAD EBOOK →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: Marc Jacob
Publisher: Cambridge University Press
Published: 2014-03-20
Total Pages: 357
ISBN-13: 1107045495
DOWNLOAD EBOOK →Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author: Sionaidh Douglas-Scott
Publisher: Edward Elgar Publishing
Published: 2017-07-21
Total Pages: 576
ISBN-13: 1782546405
DOWNLOAD EBOOK →The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
Author: Sabine Saurugger
Publisher: Bloomsbury Publishing
Published: 2017-08-24
Total Pages: 272
ISBN-13: 1137320281
DOWNLOAD EBOOK →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.
Author: Adam Lazowski
Publisher: Edward Elgar Publishing
Published: 2016-09-30
Total Pages: 519
ISBN-13: 1782544747
DOWNLOAD EBOOK →Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.
Author: Ziegler, Katja S.
Publisher: Edward Elgar Publishing
Published: 2022-04-22
Total Pages: 656
ISBN-13: 1784712388
DOWNLOAD EBOOK →This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Author: Christoph Krenn
Publisher: Cambridge University Press
Published: 2022-09-22
Total Pages: 203
ISBN-13: 1009247956
DOWNLOAD EBOOK →How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
