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The European Court and National Courts: Doctrine & Jurisprudence: Legal Change in its Social Context

Editat de Anne Marie Slaughter, Alec Stone Sweet, Joseph Weiler
en Limba Engleză Hardback – 28 feb 1998
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.
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Specificații

ISBN-13: 9781901362268
ISBN-10: 1901362264
Pagini: 448
Dimensiuni: 156 x 234 x 35 mm
Greutate: 0.77 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The essays in this volume examine the interaction of the demands of EC law with the constraints imposed by national legal orders. Seven country studies provide a systematic assessment of the impact of the ECJ among leading member states.

Notă biografică

Anne-Marie Slaughter is a Professor at Princeton University.Alec Stone-Sweet is Professor of Law at the University of California.Joseph Weiler is a University Professor at NYU and holder of the European Union Jean Monnet Chair. He is Director of the Global Law School Program at NYU Law School.

Cuprins

PART I: NATIONAL REPORTS1. Report on BelgiumHERVE BRIBOSIA2. Report on FranceJENS PLOTNER3. Report on GermanyJULIANE KOKOTT4.The Italian Constitutional Court and the Relationship Between the Italian Legal System and the European UnionMARTA CARTABIA5.Report on ItalyP. RUGGERI LADERCHI6.Report on the NetherlandsMONICA CLAES and BRUNO DE WITTE7.Report on the United KingdomP. P. CRAIGPART II: COMPARATIVE ANALYSES8.Explaining National Court Acceptance of European Court Jurisprudence: a Critical Evaluation of Theories of Legal IntegrationKAREN ALTER9.The Role of National Courts in the Process of European Integration: Accounting for Judicial Preferences and ConstraintsWALTER MATTLI AND ANNE-MARIE SLAUGHTER10.Sovereignty and European Integration: the Weight of Legal TraditionBRUNO DE WITTE11.Constitutional Dialogues in the European CommunityALEC STONE SWEET12.Constitutional or International? The Foundations of the Community Legal Order and the Question of Judicial Kompetenz-KompetenzJ. H. H. WEILER AND ULRICH R. HALTERN13.Epilogue: The European Courts of Justice: Beyond "Beyond Doctrine" or the Legitimacy Crisis of European ConstitutionalismJ. H. H. WEILER

Descriere

These essays offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.