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Author: Floris de Witte
Publisher: OUP Oxford
ISBN: 019103634X
Category : Law
Languages : en
Pages : 257
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Book Description
In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.
Author: Floris de Witte
Publisher: OUP Oxford
ISBN: 019103634X
Category : Law
Languages : en
Pages : 257
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Book Description
In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.
Author: Thomas Horsley
Publisher: Cambridge University Press
ISBN: 1107124034
Category : Law
Languages : en
Pages : 327
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Book Description
Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration.
Author: Hans-Wolfgang Micklitz
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681139
Category : Law
Languages : en
Pages : 402
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Book Description
Whereas individual Member State governments of the European Union occasionally complain about judgments of the European Court of Justice (ECJ), especially when those judgments curtail that State's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed in each treaty revision so far to confirm and extend the far-reaching powers which the ECJ possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective ECJ with strong enforcement powers is one of the salient features of EU law which have stood the test of time and feel no inclination to clip the wings of the ECJ for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the ECJ in particular policy fields, have never ceased and indeed have become more audible in recent years. This book - now available in paperback - deals with the perception that the ECJ quite often does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.
Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 1108424120
Category : Law
Languages : en
Pages : 489
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Book Description
Compares national concepts of social justice with the developing European concept of access justice.
Author: Renaud Dehousse
Publisher: Palgrave Macmillan
ISBN: 9780312215101
Category : Political Science
Languages : en
Pages : 227
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Book Description
This book provides a broad-ranging assessment of the Court's contribution to the integration process. It shows how the Court has taken advantage of opportunities when they have arisen in the European political process to "constitutionalize" the founding treaties and to exert a strong influence on policy decisions. It also examines challenges confronting the European Union and examines why the Court's active role has not encountered greater opposition and analyzes the implications for the Court of current issues.
Author: Susanne K. Schmidt
Publisher: Routledge
ISBN: 1317981294
Category : Political Science
Languages : en
Pages : 156
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Book Description
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: Jessica Guth
Publisher: Routledge
ISBN: 1351855093
Category : Law
Languages : en
Pages : 231
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Book Description
Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.
Author: Arie Reich
Publisher:
ISBN: 0198855931
Category : Law
Languages : en
Pages : 433
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Book Description
Exploring the external impact of the Court of Justice of the European Union, this book delves into the influence its judgments have outside EU borders and particularly on the legal systems of countries in the European neighbourhood. A team of scholars from non-EU countries provided analysis and insight into this project.
Author: Leonardo Pierdominici
Publisher: Springer Nature
ISBN: 3030478645
Category : Political Science
Languages : en
Pages : 418
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Book Description
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.
Author: Christian Kaunert
Publisher: Routledge
ISBN: 1317674626
Category : Political Science
Languages : en
Pages : 192
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Book Description
This book examines the role of agencies and agency-like bodies in the EU’s Area of Freedom, Security and Justice (AFSJ).When the Maastricht Treaty entered into force on 1 November 1993, the institutional landscape of the so-called ‘Third Pillar’ looked significantly different than it does now. Aside from Europol, which existed only on paper at that time, the European agencies examined in this book were mere ideas in the heads of federalist dreamers or were not even contemplated. Eventually, Europol slowly emerged from its embryonic European Drugs Unit and became operational in 1999. Around the same time, the European Union (EU) unveiled plans in its Tampere Programme for a more extensive legal and institutional infrastructure for internal security policies. Since then, as evidenced by the chapters presented in this book, numerous policy developments have taken place. Indeed, the agencies now operating in the EU’s Area of Freedom, Security and Justice (AFSJ) are remarkable in the burgeoning scope of their activities, as well as their gradually increasing autonomy vis-à-vis the EU member states and the institutions that brought them to life. This book was published as a special issue of Perspectives on European Politics and Society.
