Researching the European Court of Justice

Researching the European Court of Justice PDF Author: Mikael Rask Madsen
Publisher: Cambridge University Press
ISBN: 1316511294
Category : Law
Languages : en
Pages : 389

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Book Description
The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.

Researching the European Court of Justice

Researching the European Court of Justice PDF Author: Mikael Rask Madsen
Publisher: Cambridge University Press
ISBN: 1316511294
Category : Law
Languages : en
Pages : 389

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Book Description
The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.

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.

The European Court of Justice

The European Court of Justice PDF 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.

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.

Research Handbook on EU Law and Human Rights

Research Handbook on EU Law and Human Rights PDF Author: Sionaidh Douglas-Scott
Publisher: Edward Elgar Publishing
ISBN: 1782546405
Category : Law
Languages : en
Pages : 585

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Book Description
The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.

Research Handbook on General Principles in EU Law

Research Handbook on General Principles in EU Law PDF Author: Ziegler, Katja S.
Publisher: Edward Elgar Publishing
ISBN: 1784712388
Category : Political Science
Languages : en
Pages : 656

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Book Description
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

The Court of Justice of the European Union and the Politics of Law

The Court of Justice of the European Union and the Politics of Law PDF Author: Sabine Saurugger
Publisher: Bloomsbury Publishing
ISBN: 1137320281
Category : Political Science
Languages : en
Pages : 272

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Book Description
The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people. Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play.

Research Handbook on Legal Pluralism and EU Law

Research Handbook on Legal Pluralism and EU Law PDF Author: Gareth Davies
Publisher: Edward Elgar Publishing
ISBN: 1786433095
Category : Electronic books
Languages : en
Pages : 437

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Book Description
The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

The European Court and National Courts

The European Court and National Courts PDF Author: Anne Marie Slaughter
Publisher: Bloomsbury Publishing
ISBN: 1847311512
Category : Law
Languages : en
Pages : 442

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Book Description
The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.

National Courts and Preliminary References to the Court of Justice

National Courts and Preliminary References to the Court of Justice PDF Author: Krommendijk, Jasper
Publisher: Edward Elgar Publishing
ISBN: 1800374178
Category : Law
Languages : en
Pages : 224

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Book Description
This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.