Establishing the Supremacy of European Law
The Making of an International Rule of Law in Europe
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 12 July 2001
- ISBN 9780199243471
- Binding Hardback
- No. of pages284 pages
- Size 242x162x20 mm
- Weight 538 g
- Language English
- Illustrations 6 tables and 3 figures 0
Categories
Short description:
How did the European Community's legal system become the most effective international legal system in the world? This book begins where traditional legal accounts end, explaining why national judiciaries took on a role enforcing European law supremacy against their governments, and why national governments accepted an institutional change that greatly compromised national sovereignty. Alter then shows how harnessing private litigants to monitor state compliance with European law, and national courts to enforce European law against their governments, extended the influence of European law into the political process itself, leading to the emergence of an international rule of law in Europe.
MoreLong description:
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.
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.
Table of Contents:
The making of an International Rule of Law in Europe
National Judicial Interests and the Process of Legal Integration in Europe
German Judicial Acceptance of European Law Supremacy
French Judicial Acceptance of European Law Supremacy
Winning Political Support: Why Did National Governments Accept a Judicial Revolution that Transferred Away National Sovereignty?
The Transformation of the European Legal System and the Rule of Law in Europe
Bibliography
Index
