The Judicial Construction Of Europe
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The Judicial Construction Of Europe
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Author : Alec Stone Sweet
language : en
Publisher: OUP Oxford
Release Date : 2004-09-09
The Judicial Construction Of Europe written by Alec Stone Sweet and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-09 with Political Science categories.
The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
The Ghostwriters
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Author : Tommaso Pavone
language : en
Publisher: Cambridge University Press
Release Date : 2022-04-07
The Ghostwriters written by Tommaso Pavone and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-07 with Law categories.
The Ghostwriters unmasks how lawyers catalyse policy change across borders by encouraging deliberate law-breaking and mobilizing courts against their own governments.
The Court Of Justice And The Construction Of Europe Analyses And Perspectives On Sixty Years Of Case Law La Cour De Justice Et La Construction De L Europe Analyses Et Perspectives De Soixante Ans De Jurisprudence
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Author : Court of Justice of the European Un
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-05
The Court Of Justice And The Construction Of Europe Analyses And Perspectives On Sixty Years Of Case Law La Cour De Justice Et La Construction De L Europe Analyses Et Perspectives De Soixante Ans De Jurisprudence written by Court of Justice of the European Un and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-05 with Law categories.
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.
The Court Of Justice And The Construction Of Europe
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Author : Springer
language : en
Publisher:
Release Date : 2012-12-06
The Court Of Justice And The Construction Of Europe written by Springer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with categories.
Judicial Activism At The European Court Of Justice
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Author : Bruno de Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Judicial Activism At The European Court Of Justice written by Bruno de Witte and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
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.
Judicial Protection In The European Union
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Author : Henry G. Schermers
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-12-20
Judicial Protection In The European Union written by Henry G. Schermers and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-20 with Law categories.
Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this important new book thoroughly evaluates the judicial system of the European Union, fully describing the nature of the judicial protection available to individuals, undertakings, and member States. With attention to the rapid and continuing development of the Community legal order, Schermers and Waelbroeck provide a much-needed perspective on the reasoning of the European Court of Justice in significant decisions, especially recent cases, and shed revealing light on how the rule of law may develop in future. An introductory chapter offers a masterful description of how Treaty provisions, Community acts, international law, and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis and insight into such matters as the following: the crucial role of national courts as guarantors of the rights of individuals in Community law the validity of acts taken by Community institutions and member States, and protection against them the delivery of non-judicial opinion and other tasks of the Court of Justice the composition, function, and rules of procedure of the Court the organisation of the Court of First Instance and the appeal procedure against its decisions. Judicial Protection in the European Union is organised to facilitate its prodigious reference value. All important cases are examined, and abundant footnotes clearly indicate relevant precedents in each case. This is a fundamental source for students of European law, as well as a basic reference for practitioners and a valuable analysis of the strengths and weaknesses of the European system of judicial protection.
Towards A European Public Law
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Author : Bernard Stirn
language : en
Publisher: Oxford University Press
Release Date : 2017-04-14
Towards A European Public Law written by Bernard Stirn and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-14 with Law categories.
A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.
Building Consensus On European Consensus
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Author : Panos Kapotas
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-17
Building Consensus On European Consensus written by Panos Kapotas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Law categories.
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Researching The European Court Of Justice
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Author : Mikael Rask Madsen
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
Researching The European Court Of Justice written by Mikael Rask Madsen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-26 with Law categories.
The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.
European Judicial Systems As A Challenge For Democracy
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Author : Elżbieta Kużelewska
language : en
Publisher:
Release Date : 2015
European Judicial Systems As A Challenge For Democracy written by Elżbieta Kużelewska and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Application des lois categories.
The role of the European judiciary in the process of European integration cannot be overestimated. European integration after the second world war is usually analyzed from the perspective of political decisions. However, in the public debate we very often forget how much we owe to the Court of Justice of the European Union and the European Court of Human Rights.