The European Union and its Court of Justice
Series: Oxford European Union Law Library;
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 22 June 2006
- ISBN 9780199258840
- Binding Hardback
- No. of pages784 pages
- Size 242x166x45 mm
- Weight 1278 g
- Language English 0
Categories
Short description:
The European Court of Justice has played a major role in the development of what is now the European Union, but the way the Court has used its powers has been highly controversial. The new edition of this book examines the contribution of the Court to shaping the legal framework within which the European Union operates. It considers the Court's place among the Union's institutions; its organization and working methods; what its powers are; how it has used those powers to resolve important questions of both constitutional and substantive law; and certain general questions relating to its overall approach. Throughout the book, the implications of the Union's Constitutional Treaty, signed by the Member States in Rome on 29 October 2004, are taken fully into account, as are the possible consequences should the Treaty fail.
MoreLong description:
The European Court of Justice is a controversial institution. Its supporters see it as having played a central and positive role in shaping a polity which has given its Member States an unprecedented degree of peace, stability and prosperity. To its detractors, it has ignored the Treaties from which it derives its powers in order to pursue an agenda of its own about the political shape of Europe. This book analyses the Court's place in the institutional architecture of the European Union and its contribution to the constitutionalization of the Union and the development of the Union's substantive law.
Questions examined include the jurisdiction of the Court; the relationship between Union law and national law; the impact of Union law on national laws concerning remedies; and the protection of fundamental rights. The book also looks at certain key areas of substantive law which have to a large extent been judicially constructed. In the final section, some overarching themes relating to the Court's overall approach are addressed. To what extent has it evolved with the development of the Union? What has been the Court's relationship with the other institutions of the Union and the national courts of the Member States? Should we regard the central role the Court has undoubtedly played in the development of the Union as legitimate? What is the nature of the role reserved for the Court under the Union's Constitutional Treaty, signed by the Member States in Rome on 29 October 2004? The book will be of interest to anyone concerned with the development of the European Union and the role of the Court in that process.
This highly readable book manages to demonstrate just how important the role of the Court has been in constructing the Unions legal order. In doing so, the book draws on the authors impressive breadth of knowledge of the case law, the Court and of EU law in general.
Table of Contents:
Europe's Judges
Infringement Proceedings
The Action for Anulment
The Preliminary Rulings Procedure
The Judicial Architecture of the Union
Treaty provisions and National Law
Direct effect and Community Acts
Direct effect, Primacy, and the National Courts
European Rights, National Remedies
General Principles of Law and Fundamental Rights
The Free Movement of Goods
The Free Movement of Workers
The Right of Establishment and Freedom to Provide Services
Towards Citizenship
Equal Treatment for Men and Women
Interpretation and the Limits of Literalism
The Normative Status of the Case Law
Judging Europe's Judges
