The Court of Justice of the European Union and the politics of law / Sabine Saurugger, Fabien Terpan.
2017
KJE5461 .S28 2017 (Map It)
On loan from Cellar, due 16. May 2025
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Details
Author
Title
The Court of Justice of the European Union and the politics of law / Sabine Saurugger, Fabien Terpan.
Published
London : Palgrave Macmillan Education, 2017.
Copyright
©2017
Call Number
KJE5461 .S28 2017
ISBN
9781137320278 (hardback)
1137320273 (hardback)
9781137320261 (paperback)
1137320265 (paperback)
1137320273 (hardback)
9781137320261 (paperback)
1137320265 (paperback)
Description
xv, 256 pages : illustrations ; 23 cm.
System Control No.
(OCoLC)958354730
Summary
"The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people. Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play"--Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 221-252) and index.
Record Appears in
Added Author
Table of Contents
List of Boxes, Figures and Tables
vii
List of Cases
viii
List of Abbreviations
xiii
Acknowledgements
xv
1.
Introduction
1
2.
Court in the History of the European Union
10
Court's incremental search for a role (1952--58)
11
From Rome to Maastricht: activism at the Court (1958--93)
19
Retreat from activism? (1992--)
34
Conclusion
41
3.
Membership and Organization of the Court
43
members of the Court
45
Who are the judges and advocates-general?
55
organization of the Court
62
Conclusion
71
4.
Role of the Court in the EU Political System
73
judicial powers of the Court
73
judicial powers of the Court in its political context
94
Conclusion
105
5.
Court, EU Law and the Member States
106
Conflicts between national high courts and the CJEU
107
Institutional and legal factors explaining compliance
117
Networking hypotheses
127
Exchange programmes between the CJEU and national judges
132
Conclusion
133
6.
Court and Interest Groups
135
Incentives to litigate
137
Interest groups and their resources in litigation cases
144
Litigation strategies
148
Court, interest groups and the politics of law in the European Union
154
Conclusion
157
7.
Constitutional Role of the Court
158
Legal methods of the Court: treaties as a constitutional integrative system
160
doctrines of direct effect and primacy
163
Horizontal and vertical separation of powers
170
Court and the protection of human rights
174
autonomy of the European legal order
176
Conclusion
178
8.
Court in Policy-Making
180
Areas of policy-making
181
Functions of policy-making
200
Conclusion
206
9.
Conclusion
208
Is judicial integration still the basis of European integration?
208
Combining law and politics to better understand the CJEU
209
What do we understand by `integration through law'?
209
EU and its Court: establishing stateness?
211
Continued judicialization
213
Strategic constructivism, the CJEU and the judicial integration of the EU's political system
216
Bibliography
221
Index
253