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| Author | : Thomas Horsley |
| Publisher | : Cambridge University Press |
| Total Pages | : 327 |
| Release | : 2018-07-19 |
| Genre | : 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 | : Henry G. Schermers |
| Publisher | : Springer |
| Total Pages | : 455 |
| Release | : 2013-11-21 |
| Genre | : Law |
| ISBN | : 1489960988 |
| Author | : Lionel Neville Brown |
| Publisher | : |
| Total Pages | : 496 |
| Release | : 1994 |
| Genre | : 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 | : Leonardo Pierdominici |
| Publisher | : Springer Nature |
| Total Pages | : 418 |
| Release | : 2020-07-02 |
| Genre | : 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 | : Jessica Guth |
| Publisher | : Routledge |
| Total Pages | : 231 |
| Release | : 2018-07-27 |
| Genre | : 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 | : Sabine Saurugger |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2017-08-24 |
| Genre | : Political Science |
| ISBN | : 1137320281 |
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 | : Henry G. Schermers |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 922 |
| Release | : 2001-12-20 |
| Genre | : 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 | : Alan Dashwood |
| Publisher | : Hart Publishing |
| Total Pages | : 279 |
| Release | : 2001-05 |
| Genre | : Law |
| ISBN | : 1841132411 |
This volume outlines the major features of the controversies leading up to the Intergovernmental Conference, especially those related to the Court's Paper and the Working Party Report. The outcomes of these debates, as represented by the Nice agreements, are also considered. Major documents and the proceedings of a July 2000 conference at Churchill College are included. Distributed by ISBS. No index. c. Book News Inc.
| Author | : Nienke Grossman |
| Publisher | : Cambridge University Press |
| Total Pages | : 397 |
| Release | : 2018-02-22 |
| Genre | : Law |
| ISBN | : 1108540228 |
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
| Author | : Susanne K. Schmidt |
| Publisher | : Oxford University Press |
| Total Pages | : 311 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198717776 |
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.
