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Author: JAN. ZGLINSKI
Publisher: Oxford University Press, USA
ISBN: 0198844794
Category : Law
Languages : en
Pages : 257
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Book Description
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, USA
ISBN: 0198844794
Category : Law
Languages : en
Pages : 257
Get Book
Book Description
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: 0192583255
Category : Political Science
Languages : en
Pages : 255
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Book Description
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: 1509971327
Category : Law
Languages : en
Pages : 265
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Book Description
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: Josephine van Zeben
Publisher: Cambridge University Press
ISBN: 110842354X
Category : Law
Languages : en
Pages : 343
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Book Description
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: 3319185497
Category : Law
Languages : en
Pages : 206
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Book Description
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: John Theodore Merz
Publisher:
ISBN:
Category : Philosophy
Languages : en
Pages : 854
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Book Description
Author: Timothy Snyder
Publisher: Basic Books
ISBN: 0465032974
Category : History
Languages : en
Pages : 546
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Book Description
From the author of the international bestseller On Tyranny, the definitive history of Hitler’s and Stalin’s politics of mass killing, explaining why Ukraine has been at the center of Western history for the last century. Americans call the Second World War “the Good War.” But before it even began, America’s ally Stalin had killed millions of his own citizens—and kept killing them during and after the war. Before Hitler was defeated, he had murdered six million Jews and nearly as many other Europeans. At war’s end, German and Soviet killing sites fell behind the Iron Curtain, leaving the history of mass killing in darkness. Assiduously researched, deeply humane, and utterly definitive, Bloodlands is a new kind of European history, presenting the mass murders committed by the Nazi and Stalinist regimes as two aspects of a single story. With a new afterword addressing the relevance of these events to the contemporary decline of democracy, Bloodlands is required reading for anyone seeking to understand the central tragedy of modern history and its meaning today.
Author: George Howells
Publisher:
ISBN:
Category : India
Languages : en
Pages : 926
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Book Description
Author: Philip Zelikow
Publisher:
ISBN: 9780674353251
Category : History
Languages : en
Pages : 493
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Book Description
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.
Author: William Edward Hartpole Lecky
Publisher:
ISBN:
Category : Ethics
Languages : en
Pages : 566
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Book Description
