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The Mimetic Evolution Of The Court Of Justice Of The Eu
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Book Synopsis The Mimetic Evolution of the Court of Justice of the EU by : Leonardo Pierdominici
Download or read book The Mimetic Evolution of the Court of Justice of the EU written by Leonardo Pierdominici and published by Springer Nature. This book was released on 2020-07-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Building the European Union by : Koen Lenaerts
Download or read book Building the European Union written by Koen Lenaerts and published by Bloomsbury Publishing. This book was released on 2021-09-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.
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 Researching the European Court of Justice by : Mikael Rask Madsen
Download or read book Researching the European Court of Justice written by Mikael Rask Madsen and published by Cambridge University Press. This book was released on 2022-05-26 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book takes stock of the on-going 'methodological turn' in the field of EU law scholarship. Introducing a new generation of scholars of the European Court of Justice from law, history, sociology, political science and linguistics, it provides a set of novel interdisciplinary research strategies and empirical materials for the study of the Court of Justice of the European Union. The twelve case studies included challenge the usual top-down approach to EU law and the CJEU and instead suggest a more localized and fine-grained observation of the socio-legal actors and practices involved in the making of CJEU case-law. Moving beyond mainstream legal scholarship and the established 'grand narratives' of legal integration, the volume provides a more historically-informed and sociologically-grounded account of the EU law's uneven embeddedness in Europe's economies and societies.
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.
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 186 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 The European Court of Justice and the Policy Process by : Susanne K. Schmidt
Download or read book The European Court of Justice and the Policy Process written by Susanne K. Schmidt and published by Oxford University Press. This book was released on 2018 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Radical Constitutional Pluralism in Europe by : Orlando Scarcello
Download or read book Radical Constitutional Pluralism in Europe written by Orlando Scarcello and published by Taylor & Francis. This book was released on 2022-12-23 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.
Book Synopsis The Politics of the European Union by : Herman Lelieveldt
Download or read book The Politics of the European Union written by Herman Lelieveldt and published by Cambridge University Press. This book was released on 2023-04-20 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is a key player in determining policies and politics in Europe, and yet understanding how it works remains a challenge. The Politics of the European Union introduces students to its functioning by showing the similarities and differences between the EU and national political systems. Fully revised and updated in its third edition, this introductory textbook uses the tools of comparative politics to explore the history, theories, institutions, key actors, politics and policy-making of the EU. This comparative approach enables students to apply their knowledge of domestic politics and broader debates in political science to better understand the EU. Numerous real-world examples guide students through the textbook, and chapter briefings, fact files and controversy boxes highlight the important and controversial issues in EU politics. A companion website features free 'Navigating the EU' exercises to guide students in their analysis of EU policy-making.
Book Synopsis Precedents as Rules and Practice by : Amalie Frese
Download or read book Precedents as Rules and Practice written by Amalie Frese and published by Nomos Verlag. This book was released on 2021-09-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Präjudizien haben heute in den unterschiedlichsten Rechtssystemen eine erhebliche Bedeutung für die juristische Entscheidungsfindung. Umso mehr besteht daher das Bedürfnis, deren Entstehungsbedingungen und deren tatsächlichen Einfluss auf die Praxis zu verstehen. Neben dogmatischen Arbeiten wurden in den letzten Jahren vermehrt Studien publiziert, die mit empirischen Methoden sowie sozialwissenschaftlichen Perspektiven der Praxis nationaler wie auch internationaler Gerichte näherkommen wollten. Das gab Anlass verschiedene theoriebezogene wie auch empirische Forschungszugänge, die im Zuge einer Konferenz präsentiert wurden, gemeinsam in einem Buch zu verbinden. So bietet das Buch unter anderem eine Analyse des Einflusses der linguistischen Praxis auf die Entscheidungsbegründungen des EuGH, die Erstellung eines Zitationsnetzwerks sowie ganz generell die Diskussion über den Wert neuer Methoden und Perspektiven in der Arbeit mit und der Forschung zu Präjudizien.
Book Synopsis Western Constitutionalism by : Andrea Buratti
Download or read book Western Constitutionalism written by Andrea Buratti and published by Springer Nature. This book was released on 2023-10-31 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theoretical origins, historical foundation, political meaning, and legal development of western constitutionalism, as well as the structure and transformation of constitutional law in the Western World. Introducing the historical background of western constitutional traditions, it links this rich, conceptual framework with the legal arrangements of states’ constitutions and the current trends of the internationalization of constitutional law. Serving as a comprehensive introduction to constitutional studies, this book provides detailed information on the design of legal systems, while addressing the main critical, theoretical issues raised by constitutionalism in western democracies and in the global landscape. This new, third edition covers a broader scope, reflecting recent political and legal transformations, and is enriched in terms of didactic instruments for university students.
Book Synopsis Shaping EU Law the British Way by : Graham Butler
Download or read book Shaping EU Law the British Way written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court's Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK's membership of the EU. During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.
Book Synopsis Accommodating Diversity in Multilevel Constitutional Orders by : Maja Sahadžić
Download or read book Accommodating Diversity in Multilevel Constitutional Orders written by Maja Sahadžić and published by Taylor & Francis. This book was released on 2023-07-19 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.
Book Synopsis Filtering Populist Claims to Fight Populism by : Giuseppe Martinico
Download or read book Filtering Populist Claims to Fight Populism written by Giuseppe Martinico and published by Cambridge University Press. This book was released on 2021-11-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy – including the experiment of a self-styled populist coalition government – as a case study, this book investigates how populists in power borrow, use and manipulate categories of constitutional theory and instruments of constitutional law. Giuseppe Martinico goes beyond treating constitutionalism and populism as purely antithetical to dive deeply into the impact of populism on the activity of some instruments of constitutional democracy, endeavoring to explore their role as possible fora of populist claims and targets of populist attacks. Most importantly, he points to ways in which constitutional democracies can channel populist claims without jeopardizing the legacy of post-World War II constitutionalism. This book is aimed at academics and practicing lawyers interested in populism and comparative constitutional law.
Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2022-03-24 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.
Book Synopsis European Human Rights Justice and Privatisation by : Gaëtan Cliquennois
Download or read book European Human Rights Justice and Privatisation written by Gaëtan Cliquennois and published by Cambridge University Press. This book was released on 2020-10-15 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of the relationships between litigation strategies, growing private funding and European human rights justice.
