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European Union Law
In the wake of the Eurozone crisis and Brexit the European Union faces difficult questions about its future. In this debate, the law has a central role to play. But what exactly is EU law about? And why do its Member States respect the commitments they made when they signed the treaties so much more effectively than other treaty-based regimes?
The European Union and Its Court of Justice
"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. 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."--BOOK JACKET.
Judicial Activism at the European Court of Justice
ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial acti...
Workload of the Court of Justice of the European Union
The report Workload Of The Court Of Justice Of The European Union: Follow-Up Report (HL 163) examines the progress towards adopting the recommendations set out in the paper The Workload Of The Court Of Justice Of The European Union. These recommendations were aimed at managing the heavy workload of the Court of Justice of the European Union (CJEU). Since the original report was published, the CJEU has undertaken some reforms to try to reduce the backlog of cases of the Court of Justice (CJ). However, the number of cases pending before the CJ continues to rise year on year. It is imperative that the right balance is struck between the length of time it takes for the Court to dispense with a case, and the quality of its judgments in order to preserve its credibility. The Court and Member States need to keep the workload of the Court under review in order to react before the workload has an adverse effect on the efficiency of the Court. The C
European Community Law in the English Courts
This book examines from a practical perspective the increasingly significant impact of European Community law on English domestic law and procedure. It examines both the general principles of how EC law is given effect in the English courts, and also the impact that EC law has had on a numberof particular key areas of English law. The highly eminent team of contributors is drawn from members of the judiciary and leading academics and practitioners in the field. The volume will be welcomed by practitioners and scholars alike as an illuminating study of how the domestic legal communityhas responded to the challenges posed by a new legal system which seems fundamentally different in many respec...
New Legal Approaches to Studying the Court of Justice
At the beginning of 2015, the Court of Justice opened its archives, which created a new and challenging primary source for those studying the Court of Justice: the dossiers de procédure which contain much more than the contemporary documents published by the Court. This volume includes five chapters which analyse the activities of the Court of Justice from a highly diverse range of non-doctrinal perspectives. However, they also highlight significant new developments at the Court itself which attract attention and deserve analysis. Thus, the idea behind this volume is to make available new tools and approaches through which the activities of the Court of Justice can be studied. It shows a mo...
European Foreign Policy
There is agreement in political and academic circles that the European Union needs a common foreign and security policy (CFSP). The question is how to move from recognised necessity to practical implementation: from rhetoric to reality. Many efforts have been made, and indeed the creation of a European foreign policy is 'work in progress'. Bringing together a multinational team of both young researchers and established academics, this volume offers a comprehensive analysis of this process, uniquely combining the examination of the foundations, institutions, procedures and obstacles of EU-level foreign policy with an extensive range of case studies exploring European policy 'on the ground' in key areas such as the Balkans, Africa or the Middle East. Of use and interest to students of European politics and the general reader alike, it breaks through the Euro-jargon to provide a clear, accessible and up-to-date account of this unprecedented system of international relations, with a particular focus placed on the questions of why EU member states participate in the CFSP and what impact it enables them to have in geopolitics.
Czech and Central European Yearbook of Arbitration 2011: The Relationship between Constitutional Values, Human Rights and Arbitration
The topic for the inaugural edition of the Czech (& Central European) Yearbook of Arbitration (CYArb) is a highly interdisciplinary investigation into the relationship between human rights and arbitration. While providing a broad comparative approach of national tribunals from the perspective of different legal traditions, this topic has many significant practical aspects, such as service of process in arbitration proceedings. The CYArb also features articles by leading authorities from not only the Czech Republic but also Central and Eastern Europe, Switzerland and Russia on different topics in international arbitration; The Yearbook includes commentary and analysis of selected important ca...
Legislative Authority and Interpretation in the European Union
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
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