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Author: Takis Tridimas
Publisher: Hart Publishing
ISBN: 9781841135090
Category : Law
Languages : en
Pages : 0
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Book Description
This book assesses the influence of the European Court of Justice (ECJ) on the governance of the EU and concentrates on the following themes: the function of the ECJ as the Supreme Court of the Union; judicial independence; the protection of the individual in the EU legal order; the relationship between the ECJ and the other branches of government at national and Union level and the relationship between the ECJ and the General Court, the European Court of Human Rights, and national courts. It assesses the impact of the EU Reform Treaty on judicial protection and covers, among other topics, Union competence, direct effect, preliminary references, locus standi for individuals, a statistical analysis of judicial review and judicial activism. It seeks to combine a close analysis of the case law with a wider law in context approach.
Author: Takis Tridimas
Publisher: Hart Publishing
ISBN: 9781841135090
Category : Law
Languages : en
Pages : 0
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Book Description
This book assesses the influence of the European Court of Justice (ECJ) on the governance of the EU and concentrates on the following themes: the function of the ECJ as the Supreme Court of the Union; judicial independence; the protection of the individual in the EU legal order; the relationship between the ECJ and the other branches of government at national and Union level and the relationship between the ECJ and the General Court, the European Court of Human Rights, and national courts. It assesses the impact of the EU Reform Treaty on judicial protection and covers, among other topics, Union competence, direct effect, preliminary references, locus standi for individuals, a statistical analysis of judicial review and judicial activism. It seeks to combine a close analysis of the case law with a wider law in context approach.
Author: Court of Justice of the European Un
Publisher: Springer Science & Business Media
ISBN: 9067048976
Category : Law
Languages : en
Pages : 711
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Book Description
This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.
Author: Luigi Corrias
Publisher: Springer Science & Business Media
ISBN: 9400710348
Category : Philosophy
Languages : en
Pages : 181
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Book Description
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
Author: José Luís Da Cruz Vilaça
Publisher: Bloomsbury Publishing
ISBN: 1782254234
Category : Law
Languages : en
Pages : 705
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Book Description
This book contains a collection of articles on different aspects of EU law written by one of Europe's most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice. The book is divided into five parts, covering EU constitutional law, the EU's judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the 'constitutional' identity of the Union, leading to the conclusion that Member States can no longer be considered as the 'absolute masters of the Treaties'. Four articles relating to the EU's judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.
Author: Anthony Arnull
Publisher: Bloomsbury Publishing
ISBN: 1847317812
Category : Law
Languages : en
Pages : 583
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Book Description
This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.
Author: Giuliano Amato
Publisher: Edward Elgar Publishing
ISBN: 1847206786
Category : Law
Languages : en
Pages : 329
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Book Description
'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.
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.
Author: Marise Cremona
Publisher: Bloomsbury Publishing
ISBN: 1782253254
Category : Law
Languages : en
Pages : 300
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Book Description
This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.
Author: Clelia Lacchi
Publisher: Éditions Larcier
ISBN: 2807925421
Category : Law
Languages : en
Pages : 278
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Book Description
The preliminary reference procedure under Article 267 TFEU is the keystone of the EU judicial system and its legal order. Based on a dialogue between the Court of Justice and national courts, it is strictly linked to the protection of the rights that individuals derive from EU law. This book focuses on this procedure from the perspective of the right to effective judicial protection, in light of Article 19(1), second subparagraph, TEU and Article 47 of the Charter of Fundamental Rights of the EU. It explores the level of protection that is ensured to individuals in order to access to the Court of Justice through preliminary references on the validity of EU acts and on the interpretation of EU law. The book offers a threefold perspective on preliminary references, through an analysis of the case law of the Court of Justice itself, of the European Court of Human Rights in relation to Article 6(1) ECHR, and of the constitutional courts of Austria, Croatia, Czech Republic, Germany, Slovakia, Slovenia, and Spain, where the national courts’ refusals to refer can lead to the violation of national constitutional rights. It further investigates the obligations for Member States and national courts in the framework of the preliminary reference procedure and how the right to effective judicial protection affects them. The examination outlines the implications that could flow from the recognition of a right for individuals to have a question referred to the ECJ, as part of the right to effective judicial protection under EU law, in particular its nature and its enforcement. Building upon the existing system of sanctions for the violations of the obligation to submit a preliminary question, the book advances some proposals to rethink the current system of remedies.
Author: Giuseppe Martinico
Publisher: Taylor & Francis
ISBN: 1000630692
Category : Law
Languages : en
Pages : 175
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Book Description
Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.
