judging europe s judges the legitimacy of the case law of the european court of justice

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Judging Europe S Judges

Author : Maurice Adams
ISBN : 9781782252313
Genre : Law
File Size : 52. 89 MB
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After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.

The Court Of Justice Of The European Union As An Institutional Actor

Author : Thomas Horsley
ISBN : 9781107124035
Genre : Law
File Size : 35. 93 MB
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Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration.

Independence And Legitimacy In The Institutional System Of The European Union

Author : Dominique Ritleng
ISBN : 9780198769798
Genre :
File Size : 87. 96 MB
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As EU non-majoritarian bodies such as the European Commission, the Court of Justice of the European Union, and the European Central Bank grow in political influence, many have identified the pressing need to keep these bodies accountable to the repositories of the EU's democratic legitimacy. This collection of essays sheds light on the inherent tension between independence and legitimacy in the EU's institutional system and explores the options of reconciling the two. Featuring analysis from both legal and political perspectives, the volume assesses whether, to what extent, and how it is possible to control the various EU independent bodies and make them answerable for what they do, while at the same time upholding their independence.

Selecting Europe S Judges

Author : Michal Bobek
ISBN : 9780198727781
Genre : EU-länderna
File Size : 74. 45 MB
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The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organizations, or vertically, between the respective organization and its Member States? Above all, has the spree of 'judicial comitology' as currently practiced a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.

The Coherence Of Eu Free Movement Law

Author : Niamh Nic Shuibhne
ISBN : 9780191511066
Genre : Law
File Size : 78. 98 MB
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At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to create a body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has often taken differing approaches across the different freedoms, leaving a body of law apparently lacking a coherent set of foundational principles. This book presents a critical analysis of the European Courts' jurisprudence on free movement, examining the Court's constitutional responsibility to articulate a coherent vision of the EU internal market. Through analysis of restrictions on free movement rights, it argues that four main drivers are distorting the system of the case law and its claims to coherence. The drivers reflect 'good' impulses (the protection of fundamental rights); avoidable habits (the proliferation of principles and conflicting lines of case law authority); inherent ambiguities (the unsettled purpose and objectives of the internal market); and broader systemic conditions (the structure of the Court and its decision-making processes). These dynamics cause problematic instances of case law fragmentation - which has substantive implications for citizens, businesses, and Member States participating in the internal market as well as reputational consequences for the Court of Justice and for the EU more generally. However, ultimately the Member States must take greater responsibility too: only they can ensure that the Court of Justice is properly structured and supported, enabling it to play its critical institutional part in the complex narrative of EU integration. Examining the judicial development of principles that define the scope of EU free movement law, this book argues that sustaining case law coherence is a vital constitutional responsibility of the Court of Justice. The idea of constitutional responsibility draws from the nature of the duties that a higher court owes to a constitutional text and to constitutional subjects. It is based on values of fairness, integrity, and imagination. A paradigm of case law coherence is less rigid, and therefore more realistic, than a benchmark of legal certainty. But it still takes seriously the Court's obligations as a high-level judicial institution bound by the rule of law. Judges can legitimately be expected - and obliged - to be aware of the public legal resource that they construct through the evolution of case law.

European Union Law

Author : Damian Chalmers
ISBN : 9781139487887
Genre : Law
File Size : 71. 48 MB
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This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.

Precedents And Case Based Reasoning In The European Court Of Justice

Author : Marc Jacob
ISBN : 9781107045491
Genre : Law
File Size : 77. 42 MB
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Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

European Union Law For The Twenty First Century Constitutional And Public Law External Relations

Author : W.G. Hart Workshop
ISBN : 9781841134567
Genre : Law
File Size : 54. 83 MB
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"Papers presented in the 2003 WG Hart Workshop, which took place at the Institute of Advanced Legal Studies, London."--Foreword.

European Union Law For The Twenty First Century Volume 1

Author : Professor Paul Matthews
ISBN : 9781847311214
Genre : Law
File Size : 63. 26 MB
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This book is based on contributions made to the WG Hart Workshop 2003. It contains articles by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and to contribute to the current debate on the European Constitution. The first volume concentrates on the themes of European Constitutionalism and EU external relations. It analyses the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of national parliaments, democracy in the EU, human rights, and the Court of Justice. It also contains articles on EU external relations covering, among others, enlargement, the common foreign and security policy, immigration and asylum policy, and the relations between the EU and the WTO.

National Identity In Eu Law

Author : Elke Cloots
ISBN : 9780191053504
Genre : Law
File Size : 88. 62 MB
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Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

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