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Author: Karen J. Alter
Publisher: Oxford University Press on Demand
ISBN: 9780199260997
Category : Law
Languages : en
Pages : 258
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Book Description
How did the European Community's legal system become the most effective international legal system in the world? This book starts where traditional legal accounts leave off, explaining why national judiciaries took on a role enforcing European law supremacy against their governments. It also shows why national governments accepted an institutional change that greatly compromised national sovereignty.
Author: Karen J. Alter
Publisher: Oxford University Press on Demand
ISBN: 9780199260997
Category : Law
Languages : en
Pages : 258
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Book Description
How did the European Community's legal system become the most effective international legal system in the world? This book starts where traditional legal accounts leave off, explaining why national judiciaries took on a role enforcing European law supremacy against their governments. It also shows why national governments accepted an institutional change that greatly compromised national sovereignty.
Author: K. Alter
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Karen Alter
Publisher: Oxford University Press
ISBN: 0199595143
Category : Law
Languages : en
Pages : 364
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Book Description
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: Gian Antonio Benacchio
Publisher: Central European University Press
ISBN: 9637326367
Category : Law
Languages : en
Pages : 331
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Book Description
The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
Author: Giuseppe Martinico
Publisher: Edward Elgar Publishing
ISBN: 1781005664
Category : Law
Languages : en
Pages : 273
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Book Description
This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
Author: Bernard Stirn
Publisher: Oxford University Press
ISBN: 0192506617
Category : Law
Languages : en
Pages : 200
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Book Description
A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.
Author: William Phelan
Publisher: Cambridge University Press
ISBN: 1108499082
Category : Law
Languages : en
Pages : 279
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Book Description
Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
Author: Alina Kaczorowska-Ireland
Publisher: Routledge
ISBN: 1136870032
Category : Law
Languages : en
Pages : 973
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Book Description
Now in its second edition, European Union Law has been fully revised and updated following the entry into force of the Lisbon Treaty in December 2009. The book contains entirely new chapters on the Protection of Human Rights in the EU; the Area of Freedom, Security and Justice and the Common Foreign and Security Policy. Specifically written to give law students detailed up-to-date knowledge of all main areas of EU law, the book provides an in-depth and detailed examination of, and commentary on the areas of institutional and of substantive EU law forming the syllabus of standard academic courses on EU law. Unlike other texts this book successfully combines authoritative text with case summaries and judgments, these being highlighted in colour tinted boxes for easy identification. The author identifies the relevant points and key facts of the leading cases and discusses the judgments in detail, often in the light of subsequent developments. Student-friendly features include: short summaries at the beginning of each chapter outlining the topics and concepts covered an aide-memoire at the end of each chapter to highlight and reflect the main points a recommended reading list at the end of each chapter to facilitate further research a map identifying EU Member States (with accession dates) and candidate states a Companion Website featuring updates twice yearly; annotated links to online sources of interest and essay style self-test questions with suggested answers. This book is an essential resource for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies.
Author: Luis Miguel Poiares Pessoa Maduro
Publisher: Bloomsbury Publishing
ISBN: 1847315631
Category : Law
Languages : en
Pages : 526
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Book Description
This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
Author: Sim Haket
Publisher:
ISBN: 9781780688794
Category : European Union countries
Languages : en
Pages : 0
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Book Description
This book examines the case law of the European Court of Justice concerning the requirement to interpret national law in conformity with EU law directives. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU law, national constitutionalism and constitutional pluralism adequately explain the relationship between EU and national law under the duty of consistent interpretation.
