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The Judicial Construction of Europe

The Judicial Construction of Europe Author Alec Stone Sweet
ISBN-10 9780191608483
Release 2004-09-09
Pages 304
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The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.



The Court of Justice and the Construction of Europe Analyses and Perspectives on Sixty Years of Case law La Cour de Justice et la Construction de l Europe Analyses et Perspectives de Soixante Ans de Jurisprudence

The Court of Justice and the Construction of Europe  Analyses and Perspectives on Sixty Years of Case law   La Cour de Justice et la Construction de l Europe  Analyses et Perspectives de Soixante Ans de Jurisprudence Author Court of Justice of the European Un
ISBN-10 9789067048972
Release 2012-12-05
Pages 727
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This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.



A Europe of Rights

A Europe of Rights Author Helen Keller
ISBN-10 9780199535262
Release 2008
Pages 852
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This title examines the process through which the European Convention on Human Rights, along with the case law of the European Court of Human Rights, has been interpreted and applied in the Member States, and how this has impacted upon their domestic legal orders.



Governing with Judges

Governing with Judges Author Alec Stone Sweet
ISBN-10 019152283X
Release 2000-01-27
Pages 246
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Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusing on the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to what extent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutional law, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional. Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. The book also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.



Judging Europe s Judges

Judging Europe   s Judges Author Maurice Adams
ISBN-10 9781782252313
Release 2014-07-18
Pages 272
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After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.



Democratic Legitimacy in the European Union and Global Governance

Democratic Legitimacy in the European Union and Global Governance Author Beatriz Pérez de las Heras
ISBN-10 9783319413815
Release 2016-12-16
Pages 376
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This book addresses one of the most relevant challenges to the sustainability of the European Union (EU) as a political project: the deficit of citizens’ support. It identifies missing elements of popular legitimacy and makes proposals for their formal inclusion in a future Treaty reform, while assessing the contribution that the EU may make to global governance by expanding a credible democratic model to other international actors. The contributors offer perspectives from law, political science, and sociology, and the 15 case studies of different aspects of the incipient European demos provide the reader with a comprehensive overview of these pertinent questions. The edited volume provides a truly interdisciplinary study of the citizens’ role in the European political landscape that can serve as a basis for further analyses of the EU’s democratic legitimacy. It will be of use to legal scholars and political scientists interested in the EU’s democratic system, institutional setup and external relations.



Judicial Transformations

Judicial Transformations Author Mitchel de S.-O.-l'E. Lasser
ISBN-10 9780199570775
Release 2009-07-30
Pages 341
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Fundamental rights are exploding into all corners of the French and European judiciaries transforming the judicial landscape at breakneck speed. This book analyzes how this transformation has come to pass, and demonstrates that this revolution is both a result of the increasing diversity in Europe, and a product of the increasing interactions between national and supranational courts of Europe.



The Oxford Handbook of the European Union

The Oxford Handbook of the European Union Author Erik Jones
ISBN-10 9780199546282
Release 2012-08-30
Pages 893
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The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.



Judicial Control in the European Union

Judicial Control in the European Union Author Alicia Hinarejos Parga
ISBN-10 9780199569960
Release 2009
Pages 211
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This monograph maps out the evolution of judicial control in two specific fields of European Union activity: the Area of Freedom, Security and Justice and the Common Foreign and Security Policy. Judicial oversight in these areas has traditionally been insufficient, causing problems as regards the protection of individuals and the shaping, in general, of a coherent legal system. In recent years, the European Court of Justice has had to address some of theseproblems in very high-profile cases, focusing academic attention on these areas. Further changes may be ahead, as part of the overarching reform proposed in the Lisbon Treaty. This book compares the currentjudicial arrangements in these areas to the ones envisaged in the Lisbon Treaty and investigates the expansion of the powers of the European Court of Justice, its role in providing a constitutional basis for the second and third pillars and its position at the apex of a federal judicial system in relation to these two particular areas. The monograph provides a timely assessment of the current evolution of judicial accountability in the field.



The Construction of Europe

The Construction of Europe Author S. Martin
ISBN-10 9789401583688
Release 2013-03-09
Pages 294
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Stephen Martin* The fourteen essays that constitute this work provide a coherent review of the past and present of the European Community, and consider some of its possible futures. Werner Abelshauser and Richard Griffiths offer separate perspectives on the precursors of the European Community. Abelshauser argues that comparison of the fates of the European Coal and Steel Community and the European Defense Community demonstrate the dominance of political over economic considerations in the integration process. Griffiths considers the stillborn European Political Community, many of the proposed features of which, somewhat transformed, were embodied in the Treaty of Rome. Both suggest that as a practical matter a coming together of French and German interests has been a precondition for advances in European integration. Stephen Martin and Andrew Evans discuss the development of the Com munity's Structural Funds, first envisaged as tools to smooth the transition from a collection of regional economies to a continent-wide single market, now increasingly seen as devices to guide adjustment to long-term struc tural problems. Stuart Holland emphasizes the role of the Structural Funds as one element in a broad range of strategies to ensure social and economic cohesion as the Maastrict Treaty ushers the European Union into the next stage of its development.



New Challenges to Constitutional Adjudication in Europe

New Challenges to Constitutional Adjudication in Europe Author Zoltán Szente
ISBN-10 9781351674744
Release 2018-03-09
Pages 324
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In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.



European Integration and Supranational Governance

European Integration and Supranational Governance Author Wayne Sandholtz
ISBN-10 9780191522314
Release 1998-09-24
Pages 400
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The European Union began in 1957 as a treaty among six nations but today constitutes a supranational polity - one that creates rules that are binding on its 15 member countries and their citizens. This majesterial study confronts some of the most enduring questions posed by the remarkable evolution of the EU: Why does policy-making sometimes migrate from the member states to the European Union? And why has integration proceeded more rapidly in some policy domains than in others? A distinguished team of scholars lead by Wayne Sandholtz and Alec Stone Sweet offers a fresh theory and clear propositions on the development of the EU. Combining broad data and probing case studies, the volume finds solid support for these propositions in a variety of policy domains. The coherent theoretical approach and extensive empirical analyses together constitute a significant challenge to approaches that see the EU as a straightforward product of member-state interests, power, and bargaining. This volume clearly demonstrates that a nascent transnational society and supranational institutions have played decisive roles in constructing the European Union.



Judicial Deliberations

Judicial Deliberations Author Mitchel de S.-O.-L'E. Lasser
ISBN-10 9780199575169
Release 2009
Pages 382
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Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.



On Law Politics and Judicialization

On Law  Politics  and Judicialization Author Martin Shapiro
ISBN-10 9780199256471
Release 2002-08-22
Pages 417
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Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science oflaw and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: thestrategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' aroundthe world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advancedundergraduate courses in law and the social sciences.



The Judicial Politics of Economic Integration

The Judicial Politics of Economic Integration Author Osvaldo Saldias
ISBN-10 9781134114665
Release 2013-08-22
Pages 172
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The Judicial Politics of Economic Integration analyses development strategies and regional integration in the Andean Community (the former Andean Pact), focusing on the establishment of the Andean Court of Justice and its case law, as well as the intellectual underpinnings that made such an impressive reform possible. The court is a transplant taken from the European integration process, and it materializes the visions, expectations, and dreams of the transnational development movement of "integration through law". The book discusses the outcomes of the Court in light of the debates about judicial reform in the process of development and regional integration. Although clearly confirming several earlier claims that "one size does not fit all", Osvaldo Saldias provides new insights into how legal transplants adapt and evolve, and how we can learn much more about legal reform from a project that presumably failed than from successful copies. The Andean Court of Justice is a remarkable example of an institution capable of adapting to political and economic challenges; therefore, in times of a severe European economic crisis we should not forget that we might improve our understanding of European integration by looking at developments in other regions. An interesting new study with an international focus, this book will be a fascinating read for students and scholars of Law and Latin American Studies.



Selecting Europe s Judges

Selecting Europe s Judges Author Michal Bobek
ISBN-10 9780198727781
Release 2015
Pages 323
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The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organizations, or vertically, between the respective organization and its Member States? Above all, has the spree of 'judicial comitology' as currently practiced a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.



Constitutionalism and the Enlargement of Europe

Constitutionalism and the Enlargement of Europe Author Wojciech Sadurski
ISBN-10 9780191631085
Release 2012-07-26
Pages 264
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After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.