The European Court Of Justice An Important Motor Of European Integration
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| Author | : |
| Publisher | : GRIN Verlag |
| Total Pages | : 14 |
| Release | : 2016-06-06 |
| Genre | : Political Science |
| ISBN | : 3668234191 |
Essay from the year 2016 in the subject Politics - Topic: European Union, grade: 69 Prozent (1,7), Cardiff University, language: English, abstract: The question of the role of the European Court of Justice (ECJ) in the process of European integration has been a matter of long-standing academic dispute between neo-functionalists and intergovernmentalists. In this essay it will be argued that the ECJ can be seen as an engine of European integration but the court – founded along with the other core institutions of the European Union (EU) in the 1950s – depends on the assistance of other actors. The explanation of this assertion is unfolded in three steps. At first this paper will provide a brief overview of neo-functionalism and intergovernmentalism and their dispute concerning the ECJ. Secondly, the ‘magic triangle’ (Vauchez 2008, p. 8) consisting of ‘direct effect’, ‘supremacy’ and ‘preliminary ruling’ – which allows the ECJ to have an impact on the integration process – will be examined and it will be explained why these three mentioned rules are so important for the European legal order. Thirdly, it is claimed that there are limits of the court’s judicial law-making and thus its role in the process of European integration should not be overestimated.
| Author | : Susanne K. Schmidt |
| Publisher | : Oxford University Press |
| Total Pages | : 311 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198717776 |
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.
| Author | : Susanne K. Schmidt |
| Publisher | : Routledge |
| Total Pages | : 156 |
| Release | : 2014-06-11 |
| Genre | : Political Science |
| ISBN | : 1317981294 |
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.
| Author | : Sabine Saurugger |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2017-08-24 |
| Genre | : Political Science |
| ISBN | : 1137320281 |
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.
| Author | : Alec Stone Sweet |
| Publisher | : Oxford University Press |
| Total Pages | : 294 |
| Release | : 2004-09-09 |
| Genre | : Business & Economics |
| ISBN | : 0199275521 |
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.
| Author | : Leonardo Pierdominici |
| Publisher | : Springer Nature |
| Total Pages | : 418 |
| Release | : 2020-07-02 |
| Genre | : Political Science |
| ISBN | : 3030478645 |
This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.
| Author | : Katrin Nyman-Metcalf (jurist.) |
| Publisher | : Intersentia nv |
| Total Pages | : 136 |
| Release | : 2005 |
| Genre | : Central America |
| ISBN | : 9050954626 |
The success of European integration and the political stability and economic prosperity it offers to its members has found followers elsewhere. Several countries in different parts of world have been inclined to embark on projects of regional integration. Though the majority of them are limited to economic integration objectives, some, in particular, regional groups in Latin America, profess to attain ambitious political goals and are constructed emulating the EU institutional structure. In some cases, this structure includes a regional court of justice, entrusted with telling community law and solving differences between Member States. The aim of this book is to study the importance of such courts of justice as institutional actors for the development of regional integration. In such a project, the study of the EU and the European Court of Justice immediately presents itself as most relevant and important. However, the book expands the study beyond an examination of the EU to encompass a comparative approach with other regional courts of justice, in particular the Central American Court of Justice and, subsidiarily, the Andean Court of Justice. Such a comparison allows both to assess the important differences between the courts as well as between the integration processes and to draw certain common features at present and for the future institutional evolution of other regional integration blocs. Katrin Nyman-Metcalf has a PhD in Law from Uppsala University in Sweden, specialised in Public International and EU law. She is Associate Professor at Riga Graduate School of Law, Latvia, and Concordia University, Estonia, as well as visiting professor at several other European universities. Apart from the academic work, she works as a legal consultant mainly in East and Central Europe with legislation, institution buildýng and EU accession preparation. Ioannis Papageorgiou has studied Law in Athens, Comparative Politics in Paris and holds a PhD in Development Cooperation, with specialization in Latin America, from the Université Libre de Bruxelles (ULB). He is an attorney-at-law in Athens, a consultant on migration and refugee matters and, since 2002, he teaches international migration in the School of Sociology of the University of the Aegean. He also taught EU Politics and Constitution in the Aristotle University of Thessaloniki.
| Author | : Dorte Sindbjerg Martinsen |
| Publisher | : |
| Total Pages | : 273 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 019875339X |
The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.
| Author | : Timo Hohmuth |
| Publisher | : GRIN Verlag |
| Total Pages | : 10 |
| Release | : 2004-11-09 |
| Genre | : Law |
| ISBN | : 3638323625 |
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, 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). [...]
| Author | : Bruno de Witte |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 305 |
| Release | : 2013-01-01 |
| Genre | : Law |
| ISBN | : 0857939408 |
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.
