the european court s political power selected essays

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The European Court S Political Power

Author : Karen Alter
ISBN : 9780199595143
Genre : Language Arts & Disciplines
File Size : 59. 42 MB
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Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development andcurrent concerns.Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, withthe critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains thatthe differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives.Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.

The European Court Of Justice And The Policy Process

Author : Susanne K. Schmidt
ISBN : 9780192547873
Genre : Political Science
File Size : 33. 92 MB
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The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states' preferences. This book argues that the implications of the supremacy and direct effect of the EU Treaty have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court's case law. If rulings have constitutional status, their impact will be considerable, even if the Court only occasionally diverts from member states' preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court's development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation partly codify case law. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies-but if they have constitutional status they have to go through this process. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union, undermining the legitimacy of this political order.

Resisting The European Court Of Justice

Author : Bill Davies
ISBN : 9781107024533
Genre : Law
File Size : 35. 9 MB
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Investigates how the fundamental transformations in the European legal system were received in one of the most important European Union member states, Germany.

European Union

Author : Director European Public Policy Institute and Professor of European Integration Jeremy Richardson
ISBN : 9781317563846
Genre : LAW
File Size : 59. 6 MB
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A key textbook for undergraduate and postgraduate students of contemporary European politics, European Union: Power and policy-making 4th edition offers a comprehensive and accessible analysis of the European Union policy process. Intended to advance understanding of the EU as a now mature and ongoing policy system, this book addresses the central issues relating to the distribution of power and influence in the European Union including: Theoretical perspectives The roles of key institutions in the processing of policy problems Different channels of representation The EU as a policy-making state Written by a distinguished group of international scholars, this new edition will also appeal to the worldwide community of researchers on the EU. New to this edition: New chapters on The Politics of Multispeed Europe, The Distribution of Power Among Institutions, EU Agencies, Covert Integration in the European Union, and Political Representation and Democracy in the EU. New authors and theoretical approaches on many topics such as differentiated integration, opt-outs and multi-speed integration, negotiation and coalition building, the interplay of judicial and legislative policy-making, power distribution, agency behaviour, integration by subterfuge, the democratic deficit fully updated data and content throughout Jeremy Richardson is joined by a co-editor, Professor Sonia Mazey, for the fourth expanded edition of this highly regarded textbook on the EU. Jeremy Richardson is an Emeritus Fellow at Nuffield College, Oxford, UK, and Adjunct Professor at the National Centre for Research on Europe, University of Canterbury, New Zealand. He is also Founder and Co-editor of the Journal of European Public Policy Sonia Mazey is a Professor and Pro-Vice-Chancellor of the College of Business and Law, University of Canterbury, New Zealand and formally a Fellow of Keble College, Oxford, UK

Central European Constitutional Courts In The Face Of Eu Membership

Author : Allan F. Tatham
ISBN : 9789004234550
Genre : Law
File Size : 60. 11 MB
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Central European Constitutional Courts in the Face of EU Membership explores German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on constitutional courts in Hungary and Poland.

The New Terrain Of International Law

Author : Karen J. Alter
ISBN : 9781400848683
Genre : Political Science
File Size : 40. 91 MB
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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

An Ever More Powerful Court

Author : Dorte Sindbjerg Martinsen
ISBN : 9780191067709
Genre : Law
File Size : 25. 31 MB
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The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

Single Markets

Author : Michelle P. Egan
ISBN : 9780199280506
Genre : Business & Economics
File Size : 29. 24 MB
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This timely book provides in-depth analytical comparison of the nineteenth century evolution of the American single market with corresponding political, economic and social developments in post-WWII European efforts to create a single European market. Building the regulatory framework needed for successful adoption of an integrated single market across diverse political units represents one of the most important issues in comparative political economy. Whataccounts for the political success or failure in creating integrated markets in their respective territories? When social discontent threatens market integration with populist backlash, what must be done tocreate political support and greater legitimacy? Single Markets focuses on the creation of integrated economies, in which the United States and European Union experienced sharply contested ideas about the operation of their respective markets, conflict over the allocation of institutional authority, and pressure from competing political, economic and social forces over the role and consequences of increased competition. Drawing upon four case studies involvingthe free movement of labour, capital, goods and services, the book highlights the contestation surrounding efforts to create common currencies, expanded their borders and territories and dealt with the pressuresof populist parties, regional interests and varied fiscal and economic challenges. Theoretically, the book draws on work in European integration and American Political Development (APD) to illustrate that the consolidation of markets in the US and EU took place in conjunction with the expansion of state regulatory power and pressure for democratic reform. Single Markets situates the consolidation of single markets in the US and EU in a broader comparative contextthat draws on research in economics, public administration, political science, law and history.

In Place Of Inter State Retaliation

Author : William Phelan
ISBN : 9780191021879
Genre : Political Science
File Size : 84. 86 MB
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Unlike many other trade regimes, the European Union forbids the use of inter-state retaliation to enforce its obligations, and rules out the use of common 'escape' mechanisms such as anti-dumping between the EU member states. How does the EU do without these mechanisms that appear so vital to the political viability of other international trade regimes, including the World Trade Organization? How, therefore, is the European legal order, with the European Court of Justice at its centre, able to be so much more binding and intrusive than the legal obligations of many other trade regimes? This book puts forward a new explanation of a key part of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states. It argues first that the EU member states have allowed the enforcement of EU obligations by domestic courts in order to avoid the problems associated with enforcing trade obligations by constant threats of trade retaliation. It argues second that the EU member states have been able to accept such a binding form of dispute settlement and treaty obligation because the policy adjustments required by the European legal order were politically acceptable. High levels of intra-industry trade reduced the severity of the economic adjustments required by the expansion of the European market, and inclusive and authoritative democratic institutions in the member states allowed policy-makers to prioritise a general interest in reliable trading relationships even when policy changes affected significant domestic lobbies. Furthermore, generous national social security arrangements protected national constituents against any adverse consequences arising from the expansion of European law and the intensification of the European market. The European legal order should therefore be understood as a legalized dispute resolution institution well suited to an international trade and integration regime made up of highly interdependent parliamentary welfare states.

Judicial Application Of European Union Law In Post Communist Countries

Author : Tatjana Evas
ISBN : 9781317110071
Genre : Law
File Size : 51. 33 MB
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This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of national judicial systems in the context of EU membership, the book contributes to the EU legal theoretical debate on the relationship between 'authority' and 'coherence'. The author develops an original analytical framework of coherence to assess the application of EU law by national courts and uses interdisciplinary scientific methods and research design that combine legal doctrinal and social science methodology to the study of 'classical' legal questions. Providing an extensive database of 2004-2009 national judgments of national courts in Latvia and Estonia, the book offers an extensive comparative review of the jurisprudence of constitutional and supreme courts, as well as providing insight into the jurisprudence of ordinary national courts. It will appeal to legal scholars and political scientists studying courts and jurisprudence.

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