Europeanization of Judicial Review

Author: Nicola Ch. Corkin
Publisher: Routledge
ISBN: 113468049X
Format: PDF, Docs
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Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.

European Integration and Consensus Politics in the Low Countries

Author: Hans Vollaard
Publisher: Routledge
ISBN: 1317704029
Format: PDF, Kindle
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The Netherlands, Belgium and Luxembourg are well-known cases of consensus politics. Decision-making in the Low Countries has been characterized by broad involvement, power sharing and making compromises. These countries were also founding member states of the European Union (EU) and its predecessors. However, the relationship between European integration and the tradition of domestic consensus politics remains unclear. In order to explore this relationship this book offers in-depth studies of a wide variety of political actors such as governments, parliaments, political parties, courts, ministries and interest groups as well as key policy issues such as the ratification of EU treaties and migration policy. The authors focus not only on Europeanization, but also analyse whether European integration may gradually undermine the fundamental characteristics of consensus politics in the Low Countries. Drawing on consociationalism and Europeanization research, this volume provides a comprehensive overview of Europeanization in these three EU member states as well as a better understanding of the varieties of consensus politics across and within these countries. This book will be of interest to students and scholars of European studies, European integration, European law, political science, European political economy and comparative politics.

The Europeanization of Turkey

Author: Ali Tekin
Publisher: Routledge
ISBN: 1317557026
Format: PDF, Mobi
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Given the recent inertia in EU-Turkey relations in the midst of regional economic and political upheavals, Europeanization of Turkey takes a step back from the latest headlines to provide a comprehensive stocktaking of EU-inspired reform efforts in Turkey with an eye to understanding how effective or ineffective EU conditionality has been in making Turkey's key political institutions, actors and culture more compatible with European norms. In addition to contributing to the theoretical literature on the differential effects of Europeanization on the domestic realm, this volume also expands the existing scope of research to include questions of how socialization through the accession process operates under high levels of uncertainty about the attainability of European Union membership. Applying a uniform analytical framework and the methodology of process tracing, the authors in this volume assess the nature and degree of change that has occurred in various dimensions of Turkish domestic polity and politics in the context of Turkey's post-1999 EU accession. Engaging with important practical issues such as whether potential membership in the EU has brought about positive change, in which areas this change is manifest, and how significant this change has been, this book is an essential resource for students, scholars and researchers seeking to understand contemporary relations between the EU and Turkey.

UK Public Law and European Law

Author: Gordon Anthony
Publisher: Bloomsbury Publishing
ISBN: 1847311954
Format: PDF, ePub
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Academic attention has,in recent years, increasingly focused upon the Europeanization of national legal orders. The interaction of domestic and supranational standards, while often presented as problematic, enables national courts to use European law as a reference point against which to develop domestic principle and practice. The effects of such borrowing can be far-reaching. Courts may assume an enhanced institutional role relative to other branches of the State and individuals may benefit from the introduction of new remedies and principles of judicial review. This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law. It argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration. Although UK courts have already demonstrated a willingness to use European law creatively, the book suggests that integration has been unduly constrained by the previously unincorporated status of the ECHR and by the courts' justification for the reception of EU law. Focusing in particular on the principles of administrative law applied by courts in judicial review proceedings, the book highlights how the emergence of new principles of review has been frustrated by the courts' inability to view EU law and the ECHR as part of an interlocking whole. The book's central argument, therefore, is that the Human Rights Act, coupled with the more general programme of constitutional reform introduced by New Labour, now offers the courts the opportunity to reassess the nature of the interactive relationship that domestic law has with European law. UK Public Law and European Law: The Dynamics of Legal Integration will be of interest to public lawyers, European lawyers and political scientists alike. It offers a comprehensive overview of existing jurisprudence dealing with the reception of European law into the domestic order. More significantly, it places that jurisprudence within the wider context of legal and political change ongoing within and without the United Kingdom.

National Courts and EU Law

Author: Bruno de Witte
Publisher: Edward Elgar Publishing
ISBN: 1783479906
Format: PDF, ePub
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National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

The Europeanisation of Law

Author: European University Institute. Law Dept
Publisher: Hart Publishing
ISBN: 1841130257
Format: PDF, ePub
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Examining the legal effects of European integration, this work consists of interrelated essays by past and present members of the European University Institute Law Department. The book also aims to make more widely known the themes, approaches and methods pioneered in the department.

The Europeanisation of Administrative Law

Author: Karl-Heinz Ladeur
Publisher: Ashgate Pub Limited
ISBN: 9780754622239
Format: PDF, ePub, Mobi
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This volume is based on a workshop held at the European University Institute, Florence, November 1999. The papers have since been revised and updated and focus on the growing impact of European law on the core elements of member states' administrative law, and especially on their different conception of procedure. The first article confirms the American experience that autonomy of procedural rationality is not easy to picture, and that implimenting a similar procedure in Europe will face difficulty. The other articles look at the procedures that exist in different member states and how a change in procedure could possibly undermine national law and procedure, without replacing it with anything substantial.

Constitutional Law in Sweden

Author: Joakim Nergelius
Publisher: Kluwer Law International
ISBN: 9041134352
Format: PDF, ePub
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Thorough coverage by a local expert fully describes the political system, the historicalbackground, the role of treaties, legislation, jurisprudence, and administrative regulations.The discussion of the form and structure of government outlines its legal status, thejurisdiction and workings of the central state organs, the subdivisions of the state, itsdecentralized authorities, and concepts of citizenship. Special issues include the legalposition of aliens, foreign relations, taxing and spending powers, emergency laws, thepower of the military, and the constitutional relationship between church and state. Detailsare presented in such a way that readers who are unfamiliar with specific terms andconcepts in varying contexts will fully grasp their meaning and significance.

The Europeanisation of Remedies and Procedures Through Judge Made Law

Author: Johanna Engström
Publisher: Hart Pub Limited
ISBN: 9781849462495
Format: PDF, ePub
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This book provides a thorough overview and critical analysis of the European Court of Justice's case law on national remedies and procedures for the enforcement of EU law. It examines how and why such rules have been Europeanised through the application of the principle of effective judicial protection, which is the main rationale for the limitation put on national procedural autonomy. The book contains detailed analysis of how the requirement of effective protection has been understood in relation to a range of national remedies (right to damages, interim relief, judicial review and repayment of charges) and procedural rules (standing, evidence, legal aid, division of costs, time-limits, ex officio raising of issues and res judicata). The second half of the book looks at how the Swedish judiciary has responded to the European case law on effective judicial protection. Here what emerges is that national legal and judicial culture is of vital importance when it comes to national courts fulfilling their European mandate and rendering EU law effective. The author then asks whether, in light of this, the principle of effective judicial protection is a functional and effective tool to achieve the Europeanisation of remedies and procedures.