The Court of Justice of the European Union as an Institutional Actor - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Court of Justice of the European Union as an Institutional Actor write by Thomas Horsley. This book was released on 2018-07-19. The Court of Justice of the European Union as an Institutional Actor available in PDF, EPUB and Kindle. The EU Treaties bind the Court of Justice of the European Union as an institution of the Union. But what does that mean for judicial lawmaking within the EU legal order? And how might any limits set out in the EU Treaties be effectively applied to the Court of Justice as lawmaker? This book interrogates these fundamental and underexplored questions at a critical juncture in European integration. It argues that the EU Treaties should be considered to function as the principal touchstones for assessing the internal constitutionality, and hence legitimacy, of all Union institutional activity - including the work of the Court. It then examines how far the Court of Justice complies with the EU Treaty framework in the exercise of its interpretative functions. The results of that analysis are striking and offer scholars powerful new insights into the nature and limits of the Court's role within the EU legal order.
Judicial Activism at the European Court of Justice
Judicial Activism at the European Court of Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Activism at the European Court of Justice write by Bruno de Witte. This book was released on 2013-01-01. Judicial Activism at the European Court of Justice available in PDF, EPUB and Kindle. ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
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 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Court of Justice of the European Union and the Politics of Law write by Sabine Saurugger. This book was released on 2017-08-24. The Court of Justice of the European Union and the Politics of Law available in PDF, EPUB and Kindle. 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.
Public Epistemic Authority
Public Epistemic Authority - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Public Epistemic Authority write by Johann Moritz Laux. This book was released on 2022-06-29. Public Epistemic Authority available in PDF, EPUB and Kindle. Inter- and supranational courts derive their legitimacy partly from an institutional comparison: judges' legal expertise and the quality of judicial procedures justify a court's claim to authority towards other branches of government and other courts with overlapping jurisdiction. To provide a benchmark for assessing judicial outcomes that is compatible with democratic commitments, Johann Laux suggests a new normative category, Public Epistemic Authority (PEA). It builds on the mechanisms behind theories of collective intelligence and empirical research on judicial decision-making. PEA tracks judges' collective ability to reliably identify breaches of law. It focuses on cognitive tasks in adjudication. The author applies PEA to the Court of Justice of the European Union and offers suggestions for improving its institutional design.
The EU as a Global Actor - Bridging Legal Theory and Practice
The EU as a Global Actor - Bridging Legal Theory and Practice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The EU as a Global Actor - Bridging Legal Theory and Practice write by Jenő Czuczai. This book was released on 2017-08-21. The EU as a Global Actor - Bridging Legal Theory and Practice available in PDF, EPUB and Kindle. This important collection, edited by Jenő Czuczai and Frederik Naert, covers the key areas of EU external relations law and broader institutional dimensions and principles of Union law. It does so under five headings - institutional dimensions; principles of Union law and legal theory; international law aspects; specific EU external policies (the Common Foreign and Security Policy; the Common Commercial Policy; and Justice and Home Affairs); and EU international agreements. Well-established academics and experienced practitioners from the different EU institutions offer a unique insight into EU practice and academic analysis of the most pertinent legal issues of the post-Lisbon legal environment of the EU, in particular in the external relations area. The contributors are: Paul Berman, Michael Bishop, Thérèse Blanchet, Sonja Boelaert, Marise Cremona, Jenő Czuczai, Álvaro de Elera, Bart Driessen, Frank Hoffmeister, Pieter-Jan Kuijper, Hubert Legal, Gilles Marhic, Stephan Marquardt, Frederik Naert, Esa Paasivirta, Ricardo Passos, Ingolf Pernice, Allan Rosas, Ivan Smyth, Christiaan Timmermans, and Dirk Wouters.
