The Power Of The European Court Of Justice
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The Power Of The European Court Of Justice
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Author : Susanne K. Schmidt
language : en
Publisher: Routledge
Release Date : 2014-06-11
The Power Of The European Court Of Justice written by Susanne K. Schmidt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-11 with Political Science categories.
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.
The European Court Of Justice And The Policy Process
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Author : Susanne K. Schmidt
language : en
Publisher: Oxford University Press
Release Date : 2018
The European Court Of Justice And The Policy Process written by Susanne K. Schmidt 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 2018 with Law categories.
This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
The European Court S Political Power
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Author : Karen Alter
language : en
Publisher: Oxford University Press
Release Date : 2010-06-17
The European Court S Political Power written by Karen Alter 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 2010-06-17 with Law categories.
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 Passivity Of Law
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Author : Luigi Corrias
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-04-14
The Passivity Of Law written by Luigi Corrias 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 2011-04-14 with Philosophy categories.
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.
The European Court Of Justice And The Autonomy Of The Member States
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Author : Hans-Wolfgang Micklitz
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2012
The European Court Of Justice And The Autonomy Of The Member States written by Hans-Wolfgang Micklitz and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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 Commission Is The Most Powerful Institution In The Eu But The Court Of Justice Is The Most Important
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Author : Timo Hohmuth
language : de
Publisher: GRIN Verlag
Release Date : 2004-11-09
The Commission Is The Most Powerful Institution In The Eu But The Court Of Justice Is The Most Important written by Timo Hohmuth and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-09 with Law categories.
Essay aus dem Jahr 2000 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, Note: 65 % (=14 Punkte), University of Newcastle upon Tyne (Law School), Veranstaltung: Seminar, 10 Quellen im Literaturverzeichnis, Sprache: Deutsch, Abstract: The question is if the European Commission is the most powerful institution in the EU, but the ECJ the most important. Is that true? It is, however, a mixed law and fact question. Looking at the power and the importance of these institutions leads into a similar direction. The Treaties give the institutions different rights and competencies. The factual importance can be measured by focusing on their actual achievements. The term “institution” refers to all facilities of the Community. The system of the arrangement of the institutions is not created following the principle of the balance of powers known from states’ constitutions. Especially there is no strict division between legislative and executive power. Only the judicial power has some kind of its own but factually not pure section. The four main institutions of the European Community are as set out in the Treaty the Parliament, the Council, the Commission and the Court of Justice. The rights of the Parliament are only a few. Generally the Council can be considered as the most powerful and therefore most important institution of the Community (art. 202 et seq. ECT) because it is the main legislator and executes all the important legislation (regulations, directives), only sometimes in co-operation with the Parliament (art. 251 ECT). [...]
Judicial Power In A Globalized World
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Author : Paulo Pinto de Albuquerque
language : en
Publisher: Springer Nature
Release Date : 2019-08-21
Judicial Power In A Globalized World written by Paulo Pinto de Albuquerque and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-21 with Law categories.
This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
Perpetual Momentum
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Author : Susanne K. Schmidt
language : en
Publisher:
Release Date : 2012
Perpetual Momentum written by Susanne K. Schmidt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The European Court Of Justice And International Courts
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Author : Tobias Lock
language : en
Publisher: International Courts and Tribu
Release Date : 2015
The European Court Of Justice And International Courts written by Tobias Lock and has been published by International Courts and Tribu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The Court of Justice of the European Union holds exclusive jurisdiction that extends to many international treaties, which can result in conflict of interpretation. This book compares the relationship of the Court of Justice to other courts and treaties, and examines how conflict of interpretation is largely avoided.
The European Court Of Justice And The Policy Process
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Author : Susanne K. Schmidt
language : en
Publisher:
Release Date : 2018
The European Court Of Justice And The Policy Process written by Susanne K. Schmidt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.