Au Nom De Qui The European Court Of Justice Between Member States Civil Society And Union Citizens

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Au Nom De Qui? The European Court of Justice Between Member States, Civil Society and Union Citizens

Author : Stephan Wernicke
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Au Nom De Qui? The European Court of Justice Between Member States, Civil Society and Union Citizens by : Stephan Wernicke

Download or read book Au Nom De Qui? The European Court of Justice Between Member States, Civil Society and Union Citizens written by Stephan Wernicke and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the quest for legitimacy of the European Union relate to the view the European Court of Justice(ECJ) accords to Union citizens, civil society and to private actors? It is submitted that the ECJ is currently developing a jurisprudence under which citizens, as well as their organisations and corporate private actors, are gradually, and in almost complete disregard of the public/private distinction, being included in the matrix of rights and - a crucial point - obligations of the treaties. The ECJ incorporates civil society actors and citizens, beyond notions of representative (citizenship) and participatory (civil society) democracy, into the body of law and thereby reworks its own and the Union's identity. Two core aspects are explored: the first is the reconfiguration of Union citizenship as a norm which triggers the application of the substantive norms of the EC Treaty. The second aspect of this evolution is the creation of 'private governance' schemes, i.e. processes in which, as a rule, private action is regarded as action that has to meet the standards of the Treaty. The analysis shows that the court is disentangling itself from the State-oriented Treaty situation and drawing legitimacy directly from citizens themselves so that judgments should be pronounced 'In the Name of the Citizens of the European Union'. 'Union Citizenship is destined to be the fundamental status of nationals of the Member States'

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

Author : Sabine Saurugger
Publisher : Bloomsbury Publishing
ISBN 13 : 1137320281
Total Pages : 272 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis The Court of Justice of the European Union and the Politics of Law by : Sabine Saurugger

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.

Impact of Union Citizenship on the EU's Market Freedoms

Author : Alina Tryfonidou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509904409
Total Pages : 288 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Impact of Union Citizenship on the EU's Market Freedoms by : Alina Tryfonidou

Download or read book Impact of Union Citizenship on the EU's Market Freedoms written by Alina Tryfonidou and published by Bloomsbury Publishing. This book was released on 2016-02-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.

The Procedural and Organisational Law of the European Court of Justice

Author : Christoph Krenn
Publisher : Cambridge University Press
ISBN 13 : 1009247956
Total Pages : 203 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis The Procedural and Organisational Law of the European Court of Justice by : Christoph Krenn

Download or read book The Procedural and Organisational Law of the European Court of Justice written by Christoph Krenn and published by Cambridge University Press. This book was released on 2022-09-22 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Enacting European Citizenship

Author : Engin F. Isin
Publisher : Cambridge University Press
ISBN 13 : 1107033969
Total Pages : 253 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Enacting European Citizenship by : Engin F. Isin

Download or read book Enacting European Citizenship written by Engin F. Isin and published by Cambridge University Press. This book was released on 2013-04-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the changing character of European citizenship, focusing on 'acts' of citizenship.

Citizenship in the European Union

Author : Anne Wesemann
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103175
Total Pages : 192 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Citizenship in the European Union by : Anne Wesemann

Download or read book Citizenship in the European Union written by Anne Wesemann and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms within EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the courts approach to decision making, which resembles the balancing and weighing of conflicting principles.

A Constitutional Order of States?

Author : Anthony Arnull
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316360
Total Pages : 688 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis A Constitutional Order of States? by : Anthony Arnull

Download or read book A Constitutional Order of States? written by Anthony Arnull and published by Bloomsbury Publishing. This book was released on 2011-03-03 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

The European Fundamental Freedoms

Author : Pedro Caro de Sousa
Publisher :
ISBN 13 : 0198727720
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The European Fundamental Freedoms by : Pedro Caro de Sousa

Download or read book The European Fundamental Freedoms written by Pedro Caro de Sousa and published by . This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law can be looked at from both an internal legal perspective - reflected in the official discourse supporting legal decisions - and an external perspective - which is pursued by studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis. This external dimension - related to extra-legal factors that impact the law, such as the institutional environment in which the law is applied - is usually ignored, or not addressed systematically by studies that focus on the internal perspective. By systematically internalizing these 'external' elements into legal theory and practice, contextual approaches lead to the development of better descriptive theories and more attractive normative models of the law, and specifically EU law, than de-contextualized approaches allow for. Additionally, contextual approaches are more self-aware than de-contextualized approaches, since they are able to make sense of the role that legal practice (by judges, legal practitioners, and academics) plays in the development of the law. It is through a contextual approach that Pedro Caro de Sousa develops a general theory of European constitutional law, in particular free movement law and the EU fundamental freedoms. As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between the different normative concerns behind the EU's market freedoms identified in traditional legal discourse and the various extra-legal and institutional factors that affect how that law is applied and develops in practice. Moving away from traditional studies of free movement law, Caro de Sousa's book offers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as interplay of traditional legal doctrines and practices and the specific institutional environment where this law is applied and developed.

In Whose Name?

Author : Armin von Bogdandy
Publisher : OUP Oxford
ISBN 13 : 0191026956
Total Pages : 298 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis In Whose Name? by : Armin von Bogdandy

Download or read book In Whose Name? written by Armin von Bogdandy and published by OUP Oxford. This book was released on 2014-07-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

The European Court and Civil Society

Author : Rachel A. Cichowski
Publisher : Cambridge University Press
ISBN 13 : 1139462350
Total Pages : 260 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The European Court and Civil Society by : Rachel A. Cichowski

Download or read book The European Court and Civil Society written by Rachel A. Cichowski and published by Cambridge University Press. This book was released on 2007-03-08 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.

Constitutional Evolution in Central and Eastern Europe

Author : Alexander H.E. Morawa
Publisher : Routledge
ISBN 13 : 131716170X
Total Pages : 296 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Constitutional Evolution in Central and Eastern Europe by : Alexander H.E. Morawa

Download or read book Constitutional Evolution in Central and Eastern Europe written by Alexander H.E. Morawa and published by Routledge. This book was released on 2016-12-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.

The Coherence of EU Free Movement Law

Author : Niamh Nic Shuibhne
Publisher :
ISBN 13 : 0199592950
Total Pages : 301 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Coherence of EU Free Movement Law by : Niamh Nic Shuibhne

Download or read book The Coherence of EU Free Movement Law written by Niamh Nic Shuibhne and published by . This book was released on 2013-08-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.

The EU Social Market Economy and the Law

Author : Delia Ferri
Publisher : Routledge
ISBN 13 : 1351068504
Total Pages : 347 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The EU Social Market Economy and the Law by : Delia Ferri

Download or read book The EU Social Market Economy and the Law written by Delia Ferri and published by Routledge. This book was released on 2018-07-20 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

European Integration from Rome to Berlin, 1957-2007

Author : Julio Baquero Cruz
Publisher : Peter Lang
ISBN 13 : 9789052014647
Total Pages : 290 pages
Book Rating : 4.0/5 (146 download)

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Book Synopsis European Integration from Rome to Berlin, 1957-2007 by : Julio Baquero Cruz

Download or read book European Integration from Rome to Berlin, 1957-2007 written by Julio Baquero Cruz and published by Peter Lang. This book was released on 2009 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In commemoration of the 50th anniversary of the Treaty of Rome, this volume addresses the lessons of EU history, its current challenges and its future perspectives. Leading scholars from the disciplines of history, political science, political economy and law consider important aspects of European integration. Areas examined include the evolution of the law of integration, Europe's influence on political transitions, economic governance, social governance, the system of Treaty reform and its limits, the future role of the Court of Justice, enlargement and the vexed question of Turkish accession. This book, which takes an interdisciplinary approach, seeks to draw on the lessons of history, while shedding new light on the current and future challenges facing the European Union.

Fundamental Rights and Private Law in Europe

Author : Nuno Ferreira
Publisher : Routledge
ISBN 13 : 1136716319
Total Pages : 331 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Fundamental Rights and Private Law in Europe by : Nuno Ferreira

Download or read book Fundamental Rights and Private Law in Europe written by Nuno Ferreira and published by Routledge. This book was released on 2011-05-19 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.

Demoicratic Authority

Author : Josef Weinzierl
Publisher : Bloomsbury Publishing
ISBN 13 : 1509965068
Total Pages : 199 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Demoicratic Authority by : Josef Weinzierl

Download or read book Demoicratic Authority written by Josef Weinzierl and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of EU's authority? This fascinating book explores this question, and is much needed given the increased scrutiny of the EU's actions in the face of growing nationalism and various other internal and external challenges. By setting out an original account of the preferred moral standard to evaluate such authority, ie demoicratic authority, it illustrates how that standard affects the practical reasoning of those subject to the EU's authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase. Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work.

Comparative Administrative Law

Author : Susan Rose-Ackerman
Publisher : Edward Elgar Publishing
ISBN 13 : 178471867X
Total Pages : 753 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Comparative Administrative Law by : Susan Rose-Ackerman

Download or read book Comparative Administrative Law written by Susan Rose-Ackerman and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.