Revisiting Judicial Politics in the European Union

by Mark Dawson

Author	: Mark Dawson
Publisher	: Edward Elgar Publishing
Total Pages	: 0
Release	: 2024-03-28
Genre	:
ISBN	: 9781035313501

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Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice. Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice. This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions.

Revisiting Judicial Politics in the European Union

by Mark Dawson

Author	: Mark Dawson
Publisher	: Edward Elgar Publishing
Total Pages	: 389
Release	: 2024-03-14
Genre	: Law
ISBN	: 1035313510

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Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

Constitutional Politics in Italy

by Mary L. Volcansek

Author	: Mary L. Volcansek
Publisher	: Palgrave Macmillan
Total Pages	: 195
Release	: 2000
Genre	: History
ISBN	: 9780312226084

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A case study of the Italian Constitutional Court examining its institutional actions since its inception in 1956. Volcansek (political science, Florida International U. argues that the Court (much like its counterparts in other parts of Europe) steers a line between acting as strict interpreter of law and acting as a policy maker. She applies an institutionalist model to explain the Court's roles and structural features. Of particular importance is the role of the Court in negotiating executive-legislative relations, as well as its decisions allowing for popular referendums.

The Past and Future of EU Law

by Luis Miguel Poiares Pessoa Maduro

Author	: Luis Miguel Poiares Pessoa Maduro
Publisher	: Bloomsbury Publishing
Total Pages	: 532
Release	: 2010-02-05
Genre	: Law
ISBN	: 1847315631

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This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.

The Power of the European Court of Justice

by Susanne K. Schmidt

Author	: Susanne K. Schmidt
Publisher	: Routledge
Total Pages	: 156
Release	: 2014-06-11
Genre	: Political Science
ISBN	: 1317981294

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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.

Researching the European Court of Justice

by Mikael Rask Madsen

Author	: Mikael Rask Madsen
Publisher	: Cambridge University Press
Total Pages	: 389
Release	: 2022-05-26
Genre	: Law
ISBN	: 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.

Philosophical Foundations of European Union Law

by Julie Dickson

Author	: Julie Dickson
Publisher	: OUP Oxford
Total Pages	: 668
Release	: 2012-10-11
Genre	: Law
ISBN	: 0191652164

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The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

The European Court of Justice

by Gráinne De Búrca

Author	: Gráinne De Búrca
Publisher	: Oxford University Press, USA
Total Pages	: 266
Release	: 2001
Genre	: Law
ISBN	: 9780199246014

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This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.

EU Lobbying: Empirical and Theoretical Studies

by David Coen

Author	: David Coen
Publisher	: Routledge
Total Pages	: 173
Release	: 2013-10-31
Genre	: Political Science
ISBN	: 1317968875

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EU Lobbying: Empirical and Theoretical studies offers an analysis of large empirical studies of interest group politics and Lobbying in Europe. Recognising the continued European economic integration, globalisation and the changing role of the state, it observs significant adaptations in interest mobilisation and strategic behavour. This book assesses the logic of collective and direct action, the logic of access and influence, the logic of venue-shopping and alliance building. It addresses specific issues such as: the emergence of elite pluralism in EU institutions, the pump priming of political action by EU institutions, and the growing political sophistication of private and public interests in Brussels. Through these issues the book explores how interest groups lobby different European institutions along the policy process and how the nature of policy dictates the style and level of lobbying. This book was previously published as a special issue of Jounal of European Public Policy