Europes Passive Virtues

Author : JAN. ZGLINSKI
Publisher : Oxford University Press, USA
ISBN 13 : 0198844794
Total Pages : 257 pages
Book Rating : 4.92/5 ( download)

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Download or read book Europe's Passive Virtues written by JAN. ZGLINSKI and published by Oxford University Press, USA. This book was released on 2020-06-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

Author : Jan Zglinski
Publisher : Oxford University Press
ISBN 13 : 0192583255
Total Pages : 255 pages
Book Rating : 4.53/5 ( download)

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Download or read book Europe's Passive Virtues written by Jan Zglinski and published by Oxford University Press. This book was released on 2020-05-21 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.

Author : Felix Fouchard
Publisher : Bloomsbury Publishing
ISBN 13 : 1509971327
Total Pages : 265 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Standard of Review before the International Court of Justice written by Felix Fouchard and published by Bloomsbury Publishing. This book was released on 2024-05-02 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.

Author : Dorte Sindbjerg Martinsen
Publisher :
ISBN 13 : 019875339X
Total Pages : 273 pages
Book Rating : 4.91/5 ( download)

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Download or read book An Ever More Powerful Court? written by Dorte Sindbjerg Martinsen and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

Author : Josephine van Zeben
Publisher : Cambridge University Press
ISBN 13 : 110842354X
Total Pages : 343 pages
Book Rating : 4.40/5 ( download)

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Download or read book Polycentricity in the European Union written by Josephine van Zeben and published by Cambridge University Press. This book was released on 2019-04-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses European Union governance from the perspective of polycentric theory, aimed at improvements in achieving individual self-governance.

Author : Luís Pereira Coutinho
Publisher : Springer
ISBN 13 : 3319185497
Total Pages : 212 pages
Book Rating : 4.91/5 ( download)

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Download or read book Judicial Activism written by Luís Pereira Coutinho and published by Springer. This book was released on 2015-05-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Author : Anthony Arnull
Publisher : Oxford University Press, USA
ISBN 13 : 9780199257102
Total Pages : 562 pages
Book Rating : 4.08/5 ( download)

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Download or read book Accountability and Legitimacy in the European Union written by Anthony Arnull and published by Oxford University Press, USA. This book was released on 2002 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union's growing accountability deficit threatens to undermine its legitimacy; accordingly, member states have agreed to negotiate a new set of Treaty changes in 2004. These essays consider various aspects of accountability and legitimacy in the European Union.

Author : John Theodore Merz
Publisher :
ISBN 13 :
Total Pages : 854 pages
Book Rating : 4.35/5 ( download)

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Download or read book A History of European Thought in the Nineteenth Century written by John Theodore Merz and published by . This book was released on 1914 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : George Howells
Publisher :
ISBN 13 :
Total Pages : 926 pages
Book Rating : 4.80/5 ( download)

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Download or read book The Soul of India written by George Howells and published by . This book was released on 1913 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Philip Zelikow
Publisher :
ISBN 13 : 9780674353251
Total Pages : 493 pages
Book Rating : 4.50/5 ( download)

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Download or read book Germany Unified and Europe Transformed written by Philip Zelikow and published by . This book was released on 1997 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an analysis of the moves and manoeuvres that brought an end to the Cold War division of Europe. Coverage includes discussion of the opening of the Berlin Wall and a study of the relationship between West German Chancellor Helmut Kohl and reform Communist leader, Hans Modrow.