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Researching the European Court of Justice

Author : Mikael Rask Madsen
Publisher : Cambridge University Press
Page : 389 pages
File Size : 29,45 MB
Release : 2022-05-26
Category : Law
ISBN : 1316511294

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The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.

The European Court of Justice and the Policy Process

Author : Susanne K. Schmidt
Publisher : Oxford University Press
Page : 311 pages
File Size : 29,50 MB
Release : 2018
Category : Law
ISBN : 0198717776

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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.

The European Court of Justice

Author : Renaud Dehousse
Publisher : Palgrave Macmillan
Page : 227 pages
File Size : 20,63 MB
Release : 1998-10-15
Category : Political Science
ISBN : 9780312215101

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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.

Research Handbook on EU Law and Human Rights

Author : Sionaidh Douglas-Scott
Publisher : Edward Elgar Publishing
Page : 585 pages
File Size : 46,63 MB
Release : 2017-07-21
Category : Law
ISBN : 1782546405

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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.

Research Handbook on General Principles in EU Law

Author : Ziegler, Katja S.
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 41,97 MB
Release : 2022-04-22
Category : Political Science
ISBN : 1784712388

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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.

The Court of Justice of the European Union and the Politics of Law

Author : Sabine Saurugger
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 34,29 MB
Release : 2017-08-24
Category : Political Science
ISBN : 1137320281

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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.

The Procedural and Organisational Law of the European Court of Justice

Author : Christoph Krenn
Publisher : Cambridge University Press
Page : 203 pages
File Size : 36,94 MB
Release : 2022-09-22
Category : Law
ISBN : 1009247956

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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.

The Legal Order of the European Union

Author : Timothy Moorhead
Publisher : Routledge
Page : 196 pages
File Size : 38,43 MB
Release : 2014-05-30
Category : Law
ISBN : 1134446209

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The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.

Research Handbook on Legal Pluralism and EU Law

Author : Gareth Davies
Publisher : Edward Elgar Publishing
Page : 437 pages
File Size : 47,80 MB
Release :
Category : Electronic books
ISBN : 1786433095

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The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.