The Power Of The European Court Of Justice

Author : Susanne K. Schmidt
Publisher : Routledge
ISBN 13 : 1317981286
Total Pages : 186 pages
Book Rating : 4.82/5 ( download)

DOWNLOAD NOW!

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.

Author : Susanne K. Schmidt
Publisher : Oxford University Press
ISBN 13 : 0198717776
Total Pages : 311 pages
Book Rating : 4.75/5 ( download)

DOWNLOAD NOW!

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.

Author : Susanne K. Schmidt
Publisher : Routledge
ISBN 13 : 1317981294
Total Pages : 156 pages
Book Rating : 4.99/5 ( download)

DOWNLOAD NOW!

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.

Author : Karen Alter
Publisher : OUP Oxford
ISBN 13 : 0191615692
Total Pages : 364 pages
Book Rating : 4.96/5 ( download)

DOWNLOAD NOW!

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.

Author : Luis Miguel Poiares Pessoa Maduro
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310869
Total Pages : 206 pages
Book Rating : 4.66/5 ( download)

DOWNLOAD NOW!

Download or read book We the Court written by Luis Miguel Poiares Pessoa Maduro and published by Bloomsbury Publishing. This book was released on 1998-02-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this new book offers both a descriptive and a normative analysis of 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. The book is particularly relevant in view of the present debates on the European Constitution and the reform of the regulatory State.

Author : Karen Alter
Publisher : Oxford University Press
ISBN 13 : 0199595143
Total Pages : 364 pages
Book Rating : 4.43/5 ( download)

DOWNLOAD NOW!

Download or read book The European Court's Political Power written by Karen Alter and published by Oxford University Press. 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 andcurrent 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, withthe 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 thatthe 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.

Author : H Rasmussen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004639969
Total Pages : 581 pages
Book Rating : 4.66/5 ( download)

DOWNLOAD NOW!

Download or read book On Law and Policy in the European Court of Justice written by H Rasmussen and published by Martinus Nijhoff Publishers. This book was released on 1986-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Luigi Corrias
Publisher : Springer Science & Business Media
ISBN 13 : 9400710348
Total Pages : 181 pages
Book Rating : 4.44/5 ( download)

DOWNLOAD NOW!

Download or read book The Passivity of Law written by Luigi Corrias and published by Springer Science & Business Media. This book was released on 2011-04-14 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.

Author : Bruno de Witte
Publisher : Edward Elgar Publishing
ISBN 13 : 0857939408
Total Pages : 305 pages
Book Rating : 4.01/5 ( download)

DOWNLOAD NOW!

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.

Author : ELEONOR. RAO DUHS (INDIRA.)
Publisher :
ISBN 13 : 9781784461645
Total Pages : 224 pages
Book Rating : 4.44/5 ( download)

DOWNLOAD NOW!

Download or read book Retained EU Law written by ELEONOR. RAO DUHS (INDIRA.) and published by . This book was released on 2021-02 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: