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Judging Europe’s Judges: The Legitimacy of the Case Law of the European Court of Justice de Professor Maurice Adams

Judging Europe’s Judges: The Legitimacy of the Case Law of the European Court of Justice

Editat de Professor Maurice Adams, Henri de Waele, Johan Meeusen, Gert Straetmans
en Limba Engleză Paperback – 15 iul 2015
After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship.
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Specificații

ISBN-13: 9781849469708
ISBN-10: 1849469709
Pagini: 272
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.41 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book aims to assess the impact of the enlargement of the EU and the entry into force of the Lisbon Treaty on the European Court of Justice.

Notă biografică

Maurice Adams is Professor of General Jurisprudence and 'vfund' Professor of Democratic Governance and the Rule of Law at Tilburg University.Henri de Waele is Professor of International and European Law at Radboud University Nijmegen and Guest Professor of European Institutional Law at the University of Antwerp.Johan Meeusen is Vice-Rector and Professor of European Union Law and Private International Law at the University of Antwerp.Gert Straetmans is Professor of European Economic and Commercial Law at the University of Antwerp.

Cuprins

Introduction: Judging Europe's Judges Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans1. The Court's Outer and Inner Selves: Exploring the External and Internal Legitimacy of the European Court of Justice Koen Lenaerts2. Adjudication by Reference to General Principles of EU Law: A Second Look at the Mangold Case Law Ján Mazák and Martin Moser3. The Court's Case Law on the Internal Market: 'A Circumloquacious Statement of the Result, Rather than a Reason for Arriving at It'? Stephen Weatherill4. The Legitimacy of Free Movement Case Law: Process and Substance Jukka Snell5. The Bubble that Burst: Exploring the Legitimacy of the Case Law on the Free Movement of Union Citizens Michael Dougan6. Towards 'Real' Citizenship? The Judicial Construction of Union Citizenship and its Limits Daniel Thym7. Placing the European Union in International Context: Legitimacy of the Case Law Eileen Denza8. Of Feasibility and Silent Elephants: The Legitimacy of the Court of Justice through the Eyes of National Courts Michal BobekEpilogue: Judging the Judges - Apology and Critique JHH Weiler

Recenzii

... a fascinating volume that addresses the legitimacy of the case law of the Court of Justice of the European Union. It would be of particular interest to those working on the 'hard cases' recently decided by the CJEU, but also more generally to anyone interested in European law.
...I can only wholeheartedly recommend this book to anyone interested in EU law and the more philosophical or political questions of its legitimacy. Again, particularly in these times of euroscepticism and the tabloids' war on the EU, this book fills an important gap and might provide Europhiles with some excellent arguments for their next chat with the sceptics.
In what way has the guiding role of the Court of Justice evolved in the European Union after the broadening of its eastern boundaries and the reforms brought about by the Lisbon Treaty? Has this guiding role been undermined? The nine studies published in this volume address this two-fold, ambitious question. (Translated from the original Italian.)

Descriere

This volume aims to study the impact of recent developments such as EU enlargement and the Lisbon Treaty on the ECJ, to examine the legitimacy of the Court's output in this novel context and provide a systemic appraisal of its overall performance.