European Policy Making With The European Court Of Justice PDF Download
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Author | : Susanne K. Schmidt |
Publisher | : Oxford University Press |
Total Pages | : 311 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198717776 |
Download The European Court of Justice and the Policy Process Book in PDF, ePub and Kindle
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 | : Bruno de Witte |
Publisher | : Edward Elgar Publishing |
Total Pages | : 305 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 0857939408 |
Download Judicial Activism at the European Court of Justice Book in PDF, ePub and Kindle
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.
Author | : H Rasmussen |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 581 |
Release | : 1986-06 |
Genre | : Business & Economics |
ISBN | : 9004639969 |
Download On Law and Policy in the European Court of Justice Book in PDF, ePub and Kindle
Author | : Hjalte Rasmussen |
Publisher | : BRILL |
Total Pages | : 590 |
Release | : 1986-06-24 |
Genre | : Law |
ISBN | : 9789024732173 |
Download On Law and Policy in the European Court of Justice Book in PDF, ePub and Kindle
Author | : Sabine Saurugger |
Publisher | : Bloomsbury Publishing |
Total Pages | : 272 |
Release | : 2017-08-24 |
Genre | : Political Science |
ISBN | : 1137320281 |
Download The Court of Justice of the European Union and the Politics of Law Book in PDF, ePub and Kindle
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 | : Marc Jacob |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2014-03-20 |
Genre | : Law |
ISBN | : 1107045495 |
Download Precedents and Case-Based Reasoning in the European Court of Justice Book in PDF, ePub and Kindle
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author | : Tanja A. Börzel |
Publisher | : Oxford University Press |
Total Pages | : 436 |
Release | : 2003-09-04 |
Genre | : Business & Economics |
ISBN | : 9780199257409 |
Download The State of the European Union, 6 Book in PDF, ePub and Kindle
The contributors to this volume take the dynamic interaction between law, politics and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies.
Author | : Juan Santos Vara |
Publisher | : Routledge |
Total Pages | : 254 |
Release | : 2018-07-27 |
Genre | : Political Science |
ISBN | : 135171421X |
Download The Democratisation of EU International Relations Through EU Law Book in PDF, ePub and Kindle
Since the entry into force of the Treaty of Lisbon, key improvements have occurred in the democratisation of EU international relations through the increased powers of the European Parliament. Nevertheless, a comprehensive legal analysis of the new developments in democratic control of EU external action has not yet been performed. This book aims to improve the understanding of the set of mechanisms through which democratic control is exerted over EU external action, in times of profound transformations of the legal and political architecture of the European integration process. It analyses the role of the Court of Justice in the democratisation of international relations through EU law, and further provides a legal overview of the role of the European Parliament in the conduct of the EU's international relations. In those areas where the powers of the Parliament have greatly increased the book aims to raise questions as to whether this enhanced position has contributed to a more consistent external action. At the same time, the book aims to contribute to the debate on judicial activism in connection with the democratisation of EU external action. It offers the reader a detailed and topical analysis of the recent developments in democratic control of external action which are of relevance in the daily practice of EU external relations lawyers, including the topic of mixed agreements This text will be of key interest to scholars and students working on EU external relations law, EU institutional law, European Union studies/politics, international relations, and more broadly to policy-makers and practitioners, particularly to those with an interest on the European Parliament and the Court of Justice of the European Union.
Author | : Emmanuel Guinchard |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 448 |
Release | : 2016-12-15 |
Genre | : Law |
ISBN | : 9041168400 |
Download The New EU Judiciary Book in PDF, ePub and Kindle
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.
Author | : Päivi Leino-Sandberg |
Publisher | : Cambridge University Press |
Total Pages | : 379 |
Release | : 2021-09-23 |
Genre | : Law |
ISBN | : 1108904866 |
Download The Politics of Legal Expertise in EU Policy-Making Book in PDF, ePub and Kindle
Legal advisers working in the institutions of the European Union exercise significant power, but very little is known about their work. Notwithstanding the handful of cases where legal matters find their way into the news, legal advice remains invisible in EU policy making. For more than ten years Päivi Leino-Sandberg was a part of the invisible community of EU legal advisers, and participated in the exercise of their power. In this book, she shares her insights about how law and lawyers work in the EU institutions, and what their role and impact is on EU decisions from within the decision-making structure. She draws on interviews with over sixty EU lawyers and policymakers: legal experts who interpret the Treaties within the Institutions, draft legislation and defend the Institutions before the EU Court. Telling the true stories behind key negotiations, this book explores the interplay and tensions between legal requirements and political ambitions.