Development of Judicial Control of the European Communities
Development of Judicial Control of the European Communities

Author: Gerhard Bebr

Publisher: Springer

Published: 2013-12-01

Total Pages: 826

ISBN-13: 9401190194

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The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.

Europeanization by the Courts
Europeanization by the Courts

Author: Michael Kiener

Publisher: GRIN Verlag

Published: 2012-03-02

Total Pages: 28

ISBN-13: 3869439599

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Seminar paper from the year 2003 in the subject Politics - Topic: European Union, grade: 1.5, University of Bern, language: English, abstract: Abstract There is a broad consensus that courts play a significant role in the process of European integration. By giving rulings on preliminary references the European Court of Justice (ECJ) asserted the two central principles "supremacy" and "direct effect", which transformed the treaty into something like a constitution. The interaction between national judges and the ECJ through the preliminary reference procedure eased this process, but not all member states used this possibility in the same degree. Whereas German, Italian and Austrian judges widely used this procedure in recent years, other countries like France, Ireland, Spain and Portugal hardly did. In this empirical analysis, which is based on data covering all current member states, I try to find some general explanations and fundamental aspects of variance in preliminary references by applying Europeanization and political-institutional theory.

Europeanization of Judicial Review
Europeanization of Judicial Review

Author: Nicola Ch. Corkin

Publisher: Routledge

Published: 2014-11-13

Total Pages: 225

ISBN-13: 113468049X

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Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.

National Courts and EU Law
National Courts and EU Law

Author: Bruno de Witte

Publisher: Edward Elgar Publishing

Published: 2016-06-24

Total Pages: 280

ISBN-13: 1783479906

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National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

The Transformation or Reconstitution of Europe
The Transformation or Reconstitution of Europe

Author: Tamara Perišin

Publisher: Bloomsbury Publishing

Published: 2018-03-08

Total Pages: 357

ISBN-13: 1509907270

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It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.

The Power of the European Court of Justice
The Power of the European Court of Justice

Author: Susanne K. Schmidt

Publisher: Routledge

Published: 2014-06-11

Total Pages: 186

ISBN-13: 1317981286

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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's Political Power
The European Court's Political Power

Author: Karen Alter

Publisher: Oxford University Press

Published: 2010-06-17

Total Pages: 364

ISBN-13: 0199595143

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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 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

Author: Sabine Saurugger

Publisher: Bloomsbury Publishing

Published: 2017-08-24

Total Pages: 272

ISBN-13: 1137320281

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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.

The Judicial Construction of Europe
The Judicial Construction of Europe

Author: Alec Stone Sweet

Publisher: Oxford University Press

Published: 2004-09-09

Total Pages: 294

ISBN-13: 0199275521

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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 institutionalchange 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 evolutionof 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 andgovernance; 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.