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Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe: Oxford Studies in European Law

Autor Karen Alter
en Limba Engleză Hardback – 12 iul 2001
The most effective international legal system in the world exists in Europe. It works much like a domestic system, where violations of the law are brought to court, legal decisions are respected, and the autonomous influence of law and legal rulings extends into the political process itself. The European legal system was not always so effective at influencing state behaviour and compelling compliance. Indeed the European Community's original legal system was intentionally designed to have very limited monitoring and enforcement capabilities. The European Court of Justice transformed the original system through bold and controversial legal decisions declaring the direct effect and supremacy of European law over national law. This book starts where traditional legal accounts leave off. Karen Alter explains why national courts took on a role enforcing European law against their governments, and why national governments accepted an institutional change that greatly compromised national sovereignty. She then shows how harnessing national courts to funnel private litigant challenges through to the ECJ and enforce European law supremacy contributed fundamentally to the emergence of an international rule of law in Europe, where national governments are held accountable to their European legal obligations, and where states actually avoid policies that might conflict with European law.
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Specificații

ISBN-13: 9780199243471
ISBN-10: 0199243476
Pagini: 284
Ilustrații: 6 tables and 3 figures
Dimensiuni: 162 x 242 x 20 mm
Greutate: 0.54 kg
Ediția:New.
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Studies in European Law

Locul publicării:Oxford, United Kingdom

Recenzii

With this book, Karen Alter has cemented her position at the forefront of the political science analysis of European Union law ... this book should be essential reading.

Notă biografică

Karen Alter is Assistant Professor of Political Science at Northwestern University