Great Judgments of the European Court of Justice

Great Judgments of the European Court of Justice PDF 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.

Great Judgments of the European Court of Justice

Great Judgments of the European Court of Justice PDF 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.

The European Court of Justice and the Autonomy of the Member States

The European Court of Justice and the Autonomy of the Member States PDF 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.

Precedents and Case-Based Reasoning in the European Court of Justice

Precedents and Case-Based Reasoning in the European Court of Justice PDF Author: Marc Jacob
Publisher: Cambridge University Press
ISBN: 1107045495
Category : Law
Languages : en
Pages : 357

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Book Description
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

EU Law

EU Law PDF Author: Iyiola Solanke
Publisher: Cambridge University Press
ISBN: 1108831893
Category : Law
Languages : en
Pages : 703

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Book Description
Provides up-to-date, accessible, and intellectually sophisticated insights on EU Law using real-life examples and current case studies.

The Power of the European Court of Justice

The Power of the European Court of Justice PDF 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.

Respect for the Rule of Law in the Case Law of the European Court of Justice

Respect for the Rule of Law in the Case Law of the European Court of Justice PDF Author: Laurent Pech
Publisher:
ISBN: 9789186107987
Category :
Languages : en
Pages : 233

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Book Description


The Impact of the European Court of Justice on Neighbouring Countries

The Impact of the European Court of Justice on Neighbouring Countries PDF Author: Arie Reich
Publisher: Oxford University Press, USA
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.

Preliminary References to the European Court of Justice

Preliminary References to the European Court of Justice PDF Author: Morten Broberg
Publisher: Oxford University Press
ISBN: 019870402X
Category : Law
Languages : en
Pages : 578

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Book Description
This book provides a detailed examination of the law and practice of the preliminary reference procedure in EU law. It is designed to be of practical use in litigation and case preparation.

The European Court of Justice and the Autonomy of the Member States

The European Court of Justice and the Autonomy of the Member States PDF Author: Hans-W. Micklitz
Publisher:
ISBN: 9788400000264
Category :
Languages : en
Pages : 0

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Book Description
Whereas individual Member State governments occasionally complain about judgments of the Court of Justice of the European Union, 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 Court of Justice 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 Court of Justice with strong enforcement powers is one of the salient features of European Union law which have stood the test of time, and feel no inclination to clip the wings of that Court 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 Court in particular policy fields, have never ceased, and indeed have become more audible in recent years. This book deals with the perception that the Court of Justice, 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.

The European Court of Justice and the Policy Process

The European Court of Justice and the Policy Process PDF Author: Susanne K. Schmidt
Publisher: Oxford University Press
ISBN: 0198717776
Category : Law
Languages : en
Pages : 311

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Book Description
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.