Researching the European Court of Justice
Researching the European Court of Justice

Author: Mikael Rask Madsen

Publisher: Cambridge University Press

Published: 2022-05-26

Total Pages: 389

ISBN-13: 100905922X

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The book takes stock of the on-going 'methodological turn' in the field of EU law scholarship. Introducing a new generation of scholars of the European Court of Justice from law, history, sociology, political science and linguistics, it provides a set of novel interdisciplinary research strategies and empirical materials for the study of the Court of Justice of the European Union. The twelve case studies included challenge the usual top-down approach to EU law and the CJEU and instead suggest a more localized and fine-grained observation of the socio-legal actors and practices involved in the making of CJEU case-law. Moving beyond mainstream legal scholarship and the established 'grand narratives' of legal integration, the volume provides a more historically-informed and sociologically-grounded account of the EU law's uneven embeddedness in Europe's economies and societies.

The European Court of Justice
The European Court of Justice

Author: Renaud Dehousse

Publisher: Palgrave Macmillan

Published: 1998-10-15

Total Pages: 227

ISBN-13: 9780312215101

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This book provides a broad-ranging assessment of the Court's contribution to the integration process. It shows how the Court has taken advantage of opportunities when they have arisen in the European political process to "constitutionalize" the founding treaties and to exert a strong influence on policy decisions. It also examines challenges confronting the European Union and examines why the Court's active role has not encountered greater opposition and analyzes the implications for the Court of current issues.

Research Handbook on EU Institutional Law
Research Handbook on EU Institutional Law

Author: Adam Lazowski

Publisher: Edward Elgar Publishing

Published: 2016-09-30

Total Pages: 519

ISBN-13: 1782544747

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Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

National Courts and Preliminary References to the Court of Justice
National Courts and Preliminary References to the Court of Justice

Author: Krommendijk, Jasper

Publisher: Edward Elgar Publishing

Published: 2021-10-26

Total Pages: 224

ISBN-13: 1800374178

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This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area.

The European Court and National Courts
The European Court and National Courts

Author: Anne Marie Slaughter

Publisher: Bloomsbury Publishing

Published: 1998-03-01

Total Pages: 442

ISBN-13: 1847311512

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The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round. The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.

The Impact of the European Court of Justice on Neighbouring Countries
The Impact of the European Court of Justice on Neighbouring Countries

Author: Arie Reich

Publisher: Oxford University Press, USA

Published: 2020-10-29

Total Pages: 433

ISBN-13: 0198855931

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Exploring the external impact of the Court of Justice of the European Union, this book delves into the influence its judgments have outside EU borders and particularly on the legal systems of countries in the European neighbourhood. A team of scholars from non-EU countries provided analysis and insight into this project.

The European Court of Justice and the Autonomy of the Member States
The European Court of Justice and the Autonomy of the Member States

Author: Hans-Wolfgang Micklitz

Publisher: Intersentia Uitgevers N V

Published: 2012

Total Pages: 402

ISBN-13: 9781780681139

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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.