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The Function Of Judicial Decision In European Economic Integration
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Book Synopsis The Function of Judicial Decision in European Economic Integration by : Clarence J. Mann
Download or read book The Function of Judicial Decision in European Economic Integration written by Clarence J. Mann and published by Springer. This book was released on 2013-12-01 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.
Book Synopsis The Power of the European Court of Justice by : Susanne K. Schmidt
Download or read book The Power of the European Court of Justice written by Susanne K. Schmidt and published by Routledge. This book was released on 2014-06-11 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
Book Synopsis Judicial Activism at the European Court of Justice by : Bruno de Witte
Download or read book Judicial Activism at the European Court of Justice written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The European Court of Justice. An important motor of European integration? by :
Download or read book The European Court of Justice. An important motor of European integration? written by and published by GRIN Verlag. This book was released on 2016-06-06 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2016 in the subject Politics - Topic: European Union, grade: 69 Prozent (1,7), Cardiff University, language: English, abstract: The question of the role of the European Court of Justice (ECJ) in the process of European integration has been a matter of long-standing academic dispute between neo-functionalists and intergovernmentalists. In this essay it will be argued that the ECJ can be seen as an engine of European integration but the court – founded along with the other core institutions of the European Union (EU) in the 1950s – depends on the assistance of other actors. The explanation of this assertion is unfolded in three steps. At first this paper will provide a brief overview of neo-functionalism and intergovernmentalism and their dispute concerning the ECJ. Secondly, the ‘magic triangle’ (Vauchez 2008, p. 8) consisting of ‘direct effect’, ‘supremacy’ and ‘preliminary ruling’ – which allows the ECJ to have an impact on the integration process – will be examined and it will be explained why these three mentioned rules are so important for the European legal order. Thirdly, it is claimed that there are limits of the court’s judicial law-making and thus its role in the process of European integration should not be overestimated.
Book Synopsis The European Court's Political Power by : Karen Alter
Download or read book The European Court's Political Power written by Karen Alter and published by OUP Oxford. This book was released on 2010-06-17 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development and current concerns. Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, with the critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains that the differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives. Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.
Book Synopsis The European Court of Justice as an Engine of Economic Integration by : Matthew Gabel
Download or read book The European Court of Justice as an Engine of Economic Integration written by Matthew Gabel and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Membership in the European Union involves a commitment to economic liberalization regarding the movement of goods, services, capital, and labor. But what the treaty articles and secondary legislation mean in practice - particularly when brought into conflict with national laws, depends on judicial interpretation by the European Court of Justice (ECJ). Stone Sweet and his collaborators (Stone Sweet 2004; Stone Sweet and Brunell 1999; Fligstein and Stone Sweet 2002; Stone Sweet and Caporaso 1998) argue that the European Court of Justice's rulings have played an important role in completing the internal market through market liberalizing rulings. Specifically, they argue that the increased use of the preliminary reference procedure over time provided the ECJ with greater opportunities to rule on the validity of national barriers to free movement and this in turn produced increasing exchange of goods among the member states. I test this proposition with a novel dataset. The results indicate that, on average, market liberalizing rulings on preliminary references system. Moreover, this effect is not among the EU member states.
Book Synopsis Europe’s Justice Deficit? by : Dimitry Kochenov
Download or read book Europe’s Justice Deficit? written by Dimitry Kochenov and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Book Synopsis The Transformation or Reconstitution of Europe by : Tamara Perišin
Download or read book The Transformation or Reconstitution of Europe written by Tamara Perišin and published by Bloomsbury Publishing. This book was released on 2018-03-08 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.
Book Synopsis The Function of Judicial Decision in European Economic Integration by : C J Mann
Download or read book The Function of Judicial Decision in European Economic Integration written by C J Mann and published by Martinus Nijhoff Publishers. This book was released on 1972-07 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Many Concepts of Social Justice in European Private Law by : H. W. Micklitz
Download or read book The Many Concepts of Social Justice in European Private Law written by H. W. Micklitz and published by Edward Elgar Publishing. This book was released on 2011-11-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
Book Synopsis The Engines of European Integration by : Mark A. Pollack
Download or read book The Engines of European Integration written by Mark A. Pollack and published by OUP Oxford. This book was released on 2003-03-13 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is composed of its fifteen member governments, yet these governments have chosen repeatedly to delegate executive, judicial and legislative powers and substantial discretion to supranational institutions such as the Commission, the Court of Justice, and the European Parliament. In The Engines of European Integration, the first full-length study of delegation in the European Union and international politics, Mark Pollack draws on principal-agent analyses of delegation, agency and agenda setting to analyze and explain the delegation of powers by governmental principals to supranational agents, and the role played by those agents in the process of European integration. In the first part of the book, Pollack analyses the historical and functional patterns of delegation to the Commission, the Court of Justice, and the Parliament, suggesting that delegation to the first two is motivated by a desire to reduce the transaction costs of EU policymaking, as predicted by principal-agent models, while delegation of powers to the Parliament fits poorly with such models, and primarily reflects a concern by member governments to enhance the democratic legitimacy of the Union. The second part of the book focuses on the role of supranational agents in both the liberalization and the re-regulation of the European market, and suggests that the Commission, Court, and Parliament have indeed played a causally important role alongside member governments as "the engines of integration," but that their ability to do so has varied historically and across issue-areas as a function of the discretion delegated to them by the member governments.
Book Synopsis Good Governance in Europe's Integrated Market by : Christian Joerges
Download or read book Good Governance in Europe's Integrated Market written by Christian Joerges and published by Oxford University Press, USA. This book was released on 2002 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the constitutional and the administrative law dimensions of the developing European market governance, this volume considers the changes which have occurred from the perspective of both legal and social theory.
Book Synopsis European Judicial Systems as a Challenge for Democracy by : Elżbieta Kużelewska
Download or read book European Judicial Systems as a Challenge for Democracy written by Elżbieta Kużelewska and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the European judiciary in the process of European integration cannot be overestimated. European integration after the second world war is usually analyzed from the perspective of political decisions. However, in the public debate we very often forget how much we owe to the Court of Justice of the European Union and the European Court of Human Rights.
Book Synopsis Big Decisions in European Legal and Economic Integration by : Karen J. Alter
Download or read book Big Decisions in European Legal and Economic Integration written by Karen J. Alter and published by . This book was released on 2020 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the concluding chapter of a book that revisits the European Court of Justice's Cassis de Dijon ruling. The book's many chapters engage and update the 1994 article I published with Sophie Meunier 'Judicial Politics in the European Community: European Integration and the Path-Breaking Cassis de Dijon Decision,' which was our first piece of scholarship. Part I explores how European law scholarship has evolved since the Cassis de Dijon ruling offering a different perspective on what the book's various authors expect to have found compared to what they then found. In our original article, Sophie and I focused on how the Commission amplified the Cassis ruling. Part I argues that 'integration through law' activism more broadly amplified the Cassis ruling, and this amplification went beyond the launching of a conversation about mutual recognition. Part II discusses sensibilities that are still absent from the conversation, concluding with a set of challenges for scholars who want to revisit the history of European legal integration. We need to approach the development of EU law over time from a global perspective, a perspective that critically reflects on the sui generis elements of EU law and openly explores and discusses how forces beyond Europe shaped European legal and economic integration.
Book Synopsis Cassis de Dijon by : Albertina Albors-Llorens
Download or read book Cassis de Dijon written by Albertina Albors-Llorens and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is the 1979 the Court of Justice judgment in Cassis de Dijon so famous and so significant in the evolution of EU trade law?. As this landmark judgment approaches middle age, this book revisits this decision with the benefit of hindsight: why did the Court of Justice decide Cassis de Dijon as it did? How has the decision been developed by the EU? And, looking forward, how has the decision been used to develop international trade? This book brings together some of the leading writers in the field of EU trade law, constitutional law and European history for a fresh examination of this ground-breaking judgment, looking at it from the perspective of its past (who, what and why); its present (is it making a difference?); and its future (how does it fit in international trade agreements).
Book Synopsis We the Court by : Miguel Poiares Maduro
Download or read book We the Court written by Miguel Poiares Maduro and published by Hart Pub Limited. This book was released on 1998 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this book analyzes the European Economic Constitution and discusses the role of the European Court of Justice in its development and in the review of State and Community legislation.
