In The Cjeu Judges Trust

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In the CJEU Judges Trust

Author : Juan A. Mayoral
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis In the CJEU Judges Trust by : Juan A. Mayoral

Download or read book In the CJEU Judges Trust written by Juan A. Mayoral and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article aims to highlight the relevance of judicial trust in international courts, focusing on national judges' trust in the Court of Justice of the European Union (CJEU). EU scholars have put a great deal of effort into explaining how legal and political factors affect the use of preliminary references by national courts. However, there is still a gap in the literature on the development of trust as a functional principle encouraging co-operation between national and international courts. This article explores the nature, causes and potentials of judicial trust for the EU judicial system. A theory is offered in the article, which links national judges' trust in the CJEU to their corporatist identification and profile, to their attitudes towards the EU, and to their beliefs about the CJEU's ability to provide decisions that: 1) offer a clear guidance on European Union law, and 2) will not undermine Member States' legal order.

The Judicial Construction of Europe

Author : Alec Stone Sweet
Publisher : OUP Oxford
ISBN 13 : 0191608483
Total Pages : 304 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Judicial Construction of Europe by : Alec Stone Sweet

Download or read book The Judicial Construction of Europe written by Alec Stone Sweet and published by OUP Oxford. This book was released on 2004-09-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.

In the Court We Trust

Author : Rob van Gestel
Publisher : Cambridge University Press
ISBN 13 : 1108481272
Total Pages : 259 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis In the Court We Trust by : Rob van Gestel

Download or read book In the Court We Trust written by Rob van Gestel and published by Cambridge University Press. This book was released on 2019-12-19 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the lack of dialogue between the CJEU and Supreme Administrative Courts, offering scenarios for fruitful co-actorship between them.

Perceptions of the Independence of Judges in Europe

Author : Frans van Dijk
Publisher : Springer Nature
ISBN 13 : 3030631435
Total Pages : 113 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Perceptions of the Independence of Judges in Europe by : Frans van Dijk

Download or read book Perceptions of the Independence of Judges in Europe written by Frans van Dijk and published by Springer Nature. This book was released on 2020-12-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.

Central European Judges Under the European Influence

Author : Michal Bobek
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259902
Total Pages : 462 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Central European Judges Under the European Influence by : Michal Bobek

Download or read book Central European Judges Under the European Influence written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2015-11-19 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.

The Future of Legal Europe: Will We Trust in It?

Author : Gavin Barrett
Publisher : Springer Nature
ISBN 13 : 3030682536
Total Pages : 875 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Future of Legal Europe: Will We Trust in It? by : Gavin Barrett

Download or read book The Future of Legal Europe: Will We Trust in It? written by Gavin Barrett and published by Springer Nature. This book was released on 2021-05-12 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

TRIIAL

Author : Karolina Podstawa
Publisher :
ISBN 13 : 9789294664266
Total Pages : 0 pages
Book Rating : 4.6/5 (642 download)

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Book Synopsis TRIIAL by : Karolina Podstawa

Download or read book TRIIAL written by Karolina Podstawa and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Casebook is one of the deliverables of the European Commission's funded project TRIIAL TRust, Independence, Impartiality and Accountability of judges and arbitrators safeguarding the rule of Law under the EU Charter. It presents a selection of case law from almost 200 cases collected by beneficiaries involved in the project; cases that were identified in the course of discussions between judges and legal practitioners that participated in the TRIIAL events and through desk research on the evolution of the standard of judicial independence, impartiality, and accountability on the European continent and, specifically, within the context of the European Union.The attempt was to illustrate both the activities of pan-European courts engaged in addressing systemic pan-European questions and problems occurring on a more local scale within specific EU jurisdictions. It is, in fact, within the legal system of the European Union that evolutionary and, arguably, revolutionary developments took place, allowing all of its Member States (and other states parties to ECHR) to revisit the rules behind the fulfilment of the mandate of judges, wielders of the judicial power in Western democracies. Such developments offered a new perspective on the use of the European Union based judicial interaction techniques as tools for the assessment and improvement of the systemic arrangements providing for the position of a judge and the ability to fulfil her function both within a given legal system and in cross-border situations. In this Introductory section we present the Rationale of this Casebook and information about its Structure and potential use.

Legitimacy and Trust in Criminal Law, Policy and Justice

Author : Professor Nina Peršak
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472426061
Total Pages : 209 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Legitimacy and Trust in Criminal Law, Policy and Justice by : Professor Nina Peršak

Download or read book Legitimacy and Trust in Criminal Law, Policy and Justice written by Professor Nina Peršak and published by Ashgate Publishing, Ltd.. This book was released on 2014-05-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.

The Principle of Mutual Trust in EU Criminal Law

Author : Auke Willems
Publisher : Hart Publishing
ISBN 13 : 9781509924578
Total Pages : 312 pages
Book Rating : 4.9/5 (245 download)

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Book Synopsis The Principle of Mutual Trust in EU Criminal Law by : Auke Willems

Download or read book The Principle of Mutual Trust in EU Criminal Law written by Auke Willems and published by Hart Publishing. This book was released on 2020 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law"--

Generating Trust Through Law? - Judicial Cooperation in the European Union and the 'Principle of Mutual Trust'

Author : Thomas Wischmeyer
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Generating Trust Through Law? - Judicial Cooperation in the European Union and the 'Principle of Mutual Trust' by : Thomas Wischmeyer

Download or read book Generating Trust Through Law? - Judicial Cooperation in the European Union and the 'Principle of Mutual Trust' written by Thomas Wischmeyer and published by . This book was released on 2016 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a long time, EU institutions have emphasized the connection between one of the most important concepts of the integration method, mutual recognition, and the presence of mutual trust between EU Member States. Only recently, the ECJ reaffirmed in its Opinion 2/13 that mutual trust is at the heart of the EU and a “fundamental premiss” of the European legal structure. But can law really restore, advance or even govern by trust? This question is crucial for the EU of today, which finds itself in the midst of a severe crisis of trust. For the EU as a community “based on the rule of law” generating trust through law might seem the natural, maybe the only politically viable response to a crisis of trust. Nevertheless, even if one agrees that the rule of law requires people to place trust in legal rules, and that courts and administrative agencies need to trust each other in order to work efficiently and consistently, how would legal rules be able to generate or promote trust? Moreover, isn't it deeply rooted in our ideas about constitutional government that democratic law must institutionalize mutual distrust rather than govern by trust? These conceptual and normative objections did not stop the European Union from pursuing the project of trust-building through law in one of the most sensitive areas of EU law, judicial cooperation in civil and criminal matters. This Article will ask whether the project to promote trust through law is a promising one, and, eventually, how to reinterpret statutory provisions and legal principles that purport to generate trust amongst their addressees.

Defending Checks and Balances in EU Member States

Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

International Courts and Domestic Politics

Author : Marlene Wind
Publisher : Cambridge University Press
ISBN 13 : 1108661971
Total Pages : 373 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis International Courts and Domestic Politics by : Marlene Wind

Download or read book International Courts and Domestic Politics written by Marlene Wind and published by Cambridge University Press. This book was released on 2018-07-12 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.

EU Criminal Law

Author : Valsamis Mitsilegas
Publisher : Bloomsbury Publishing
ISBN 13 : 184731726X
Total Pages : 544 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis EU Criminal Law by : Valsamis Mitsilegas

Download or read book EU Criminal Law written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2009-03-16 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

EU Constitutional Law

Author : Koen Lenaerts
Publisher : Oxford University Press
ISBN 13 : 0198851596
Total Pages : 1025 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis EU Constitutional Law by : Koen Lenaerts

Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

Building Trust in EU-wide Justice

Author : European Commission
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (914 download)

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Book Synopsis Building Trust in EU-wide Justice by : European Commission

Download or read book Building Trust in EU-wide Justice written by European Commission and published by . This book was released on 2011 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Courts and Domestic Politics

Author : Marlene Wind
Publisher : Cambridge University Press
ISBN 13 : 1108427766
Total Pages : 373 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Courts and Domestic Politics by : Marlene Wind

Legitimacy and International Courts

Author : Nienke Grossman
Publisher : Cambridge University Press
ISBN 13 : 1108540228
Total Pages : 397 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Legitimacy and International Courts by : Nienke Grossman

Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.