Judicial Control in the European Union
Reforming Jurisdiction in the Intergovernmental Pillars
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 December 2009
- ISBN 9780199569960
- Binding Hardback
- No. of pages228 pages
- Size 241x165x19 mm
- Weight 516 g
- Language English 0
Categories
Short description:
This book maps out the evolution of judicial control in two major fields of EU activity traditionally outside the scope of its central legal system: the Common Foreign and Security Policy and Justice and Home Affairs. It charts the ongoing attempts to secure adequate judicial safeguards in these controversial areas of EU policy.
MoreLong description:
The EU's activity under its intergovernmental pillars - The Common Foreign and Security Policy and Justice and Home Affairs - has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon.
This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
Alicia Hinarejos' monograph gives a comprehensive overview of the developments of judicial review in the intergovernmental pillars within the European Union ... Well documented and well organised, the book joins a wide vein of legal research on a subject that is of great relevance for the recent and future evolution of the rule of law in the EU legal system, and opens the way to further investigation.
Table of Contents:
Introduction: The ECJ as a Federal Constitutional Court
The Context: Models of Constitutional Review
The ECJ as a Federal Constitutional Court
The ECJ as a Constitutional Court in the Second and Third Pillars
Judicial Control in the Area of Freedom, Security and Justice
Introduction
The Nature of AFSJ Measures
The Jurisdiction of the ECJ at Present
Cherry-Picking: Institutional Ways to Fix Problems without the Constitutional Treaty
The Jurisdiction of the ECJ under the Lisbon Treaty
Final Remarks
Judicial Control in the Common Foreign and Security Policy
Introduction
The Nature of CFSP Measures
The Jurisdiction of the ECJ in CFSP at Present
The Jurisdiction of the ECJ Under the Lisbon Treaty
What the CFSP is Missing and its Consequences
Concluding Remarks: A Constitutional Court for the EU?
The Lisbon Treaty
Bibliography
Index
