The European Court of Justice and the Autonomy of the Member States - 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 European Court of Justice and the Autonomy of the Member States write by Hans-Wolfgang Micklitz. This book was released on 2012. The European Court of Justice and the Autonomy of the Member States available in PDF, EPUB and Kindle. Whereas individual Member State governments of the European Union occasionally complain about judgments of the European Court of Justice (ECJ), especially when those judgments curtail that State's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed in each treaty revision so far to confirm and extend the far-reaching powers which the ECJ possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective ECJ with strong enforcement powers is one of the salient features of EU law which have stood the test of time and feel no inclination to clip the wings of the ECJ for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the ECJ in particular policy fields, have never ceased and indeed have become more audible in recent years. This book - now available in paperback - deals with the perception that the ECJ quite often does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.
The European Court of Justice and the Autonomy of the Member States
The European Court of Justice and the Autonomy of the Member States - 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 European Court of Justice and the Autonomy of the Member States write by Hans-W. Micklitz. This book was released on 2012. The European Court of Justice and the Autonomy of the Member States available in PDF, EPUB and Kindle. Whereas individual Member State governments occasionally complain about judgments of the Court of Justice of the European Union, especially when those judgments curtail that state's policy autonomy in a sensitive domain, the collectivity of the Member State governments have agreed, in each treaty revision so far, to confirm and extend the far-reaching powers which the Court of Justice possesses for enforcing EU law. The explanation of the paradox can only be that, deep down, the Member States of the EU remain convinced that an effective Court of Justice with strong enforcement powers is one of the salient features of European Union law which have stood the test of time, and feel no inclination to clip the wings of that Court for fear that this would affect the effectiveness of the European integration process. Nevertheless, the grumblings about single judgments, or about the consistency and direction of the Court in particular policy fields, have never ceased, and indeed have become more audible in recent years. This book deals with the perception that the Court of Justice, quite often, does not leave sufficient autonomy to the Member States in developing their own legal and policy choices in areas where European and national competences overlap.
Procedural Autonomy of EU Member States: Paradise Lost?
Procedural Autonomy of EU Member States: Paradise Lost? - 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 Procedural Autonomy of EU Member States: Paradise Lost? write by Diana-Urania Galetta. This book was released on 2010-07-23. Procedural Autonomy of EU Member States: Paradise Lost? available in PDF, EPUB and Kindle. Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
Procedural Autonomy of EU Member States: Paradise Lost?
Procedural Autonomy of EU Member States: Paradise Lost? - 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 Procedural Autonomy of EU Member States: Paradise Lost? write by Diana-Urania Galetta. This book was released on 2014-10-14. Procedural Autonomy of EU Member States: Paradise Lost? available in PDF, EPUB and Kindle. Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.
The Power of the European Court of Justice
The Power of 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 The Power of the European Court of Justice write by Susanne K. Schmidt. This book was released on 2014-06-11. The Power of the European Court of Justice available in PDF, EPUB and Kindle. The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
