Brokering Europe
Author: Antoine Vauchez
Publisher: Cambridge University Press
ISBN: 1107042364
Category: Law
Page: 278
View: 8567
A new historical and sociological account for the broad definitional power of law in the European Union polity.Download Book Brokering Europe Euro Lawyers And The Making Of A Transnational Polity Cambridge Studies In European Law And Policy in PDF format. You can Read Online Brokering Europe Euro Lawyers And The Making Of A Transnational Polity Cambridge Studies In European Law And Policy here in PDF, EPUB, Mobi or Docx formats
The European Court of Justice and the Policy Process
The Shadow of Case Law
Author: Susanne K. Schmidt
Publisher: Oxford University Press
ISBN: 0192547879
Category: Political Science
Page: 312
View: 9240
The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states' preferences. This book argues that the implications of the supremacy and direct effect of the EU Treaty have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court's case law. If rulings have constitutional status, their impact will be considerable, even if the Court only occasionally diverts from member states' preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court's development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation partly codify case law. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies-but if they have constitutional status they have to go through this process. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union, undermining the legitimacy of this political order.The Court of Justice of the European Union and The Politics of Law
Author: Sabine Saurugger,Fabien Terpan
Publisher: Macmillan International Higher Education
ISBN: 1137320281
Category: Law
Page: 272
View: 1350
Using state-of-the-art analysis, this introductory text provides a comprehensive account of the Court of Justice of the European Union, its judicial function and its influence on EU policy making. Combining legal perspective with political analysis, it offers a unique approach to the empirical study of the Court's role in the EU political system.