Europeanization of Judicial Review

Author: Nicola Ch. Corkin
Publisher: Routledge
ISBN: 113468049X
Format: PDF, ePub, 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.

An Ever More Powerful Court

Author: Dorte Sindbjerg Martinsen
Publisher: Oxford University Press, USA
ISBN: 019875339X
Format: PDF, Docs
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The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

The Judicial Construction of Europe

Author: Alec Stone Sweet
Publisher: OUP Oxford
ISBN: 0191608483
Format: PDF, ePub
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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.

UK Public Law and European Law

Author: Gordon Anthony
Publisher: Bloomsbury Publishing
ISBN: 1847311954
Format: PDF, ePub, Mobi
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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.

Transforming Europe

Author: Maria Green Cowles
Publisher: Cornell University Press
ISBN: 9780801486715
Format: PDF, ePub
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Does the European Union change the domestic politics and institutions of its member states? Many studies of EU decisionmaking in Brussels pay little attention to the potential domestic impact of European integration. Transforming Europe traces the effects of Europeanization on the EU member states. The various chapters, based on cutting-edge research, examine the impact of the EU on national court systems, territorial politics, societal networks, public discourse, identity, and citizenship norms.The European Union, the authors find, does indeed make a difference—even in Germany, France, and the United Kingdom. In many cases EU rules and regulations incompatible with domestic institutions have created pressure for national governments to adapt. This volume examines the conditions under which this "adaptational pressure" has led to institutional change in the member states.

Governance and Constitutionalism

Author: Bogdan Iancu
Publisher: Routledge
ISBN: 9781138633674
Format: PDF
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This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ¿independent agencies¿ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ¿agentification¿ as a result of internationalisation, and ¿agentification¿ as a reflex and consequence of transnational polity-building within the EU.

European Integration and Consensus Politics in the Low Countries

Author: Hans Vollaard
Publisher: Routledge
ISBN: 1317704010
Format: PDF
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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.

European Integration and Transformation in the Western Balkans

Author: Arolda Elbasani
Publisher: Routledge
ISBN: 1136734139
Format: PDF, ePub
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The book investigates the scope and limitations of the transformative power of EU enlargement in the Western Balkans. The extension of EU enlargement policy to the region has generated high expectations that enlargement will regulate democratic institution-building and foster reform, much as it did in Central and Eastern Europe. However, there is very little research on whether and how unfavourable domestic conditions might mitigate the transformative power of the EU. This volume investigates the role of domestic factors, identifying ‘stateness’ as the missing link between the assumed transformative power of the EU and the actual capacity to adopt EU rules across the region. Including chapters on Croatia, Serbia, Macedonia, Albania, Kosovo, and Bosnia-Herzegovina, leading scholars in the field offer up-to-date comparative analysis of key areas of institutional and policy reform; including state bureaucracy, rule of law, electoral management, environmental governance, cooperation with the International Court of Justice, economic liberalization and foreign policy. Looking to the future and the implications for policy change, European Integration and Transformation in the Western Balkans provides a new theoretical and empirical focus on this little understood area. The book will be of interest to scholars and students of EU politics, comparative democratisation, post-communist transitions and Balkan area studies.

National Courts and EU Law

Author: Bruno de Witte
Publisher: Edward Elgar Publishing
ISBN: 1783479906
Format: PDF, ePub, Mobi
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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 Legal Protection of Human Rights

Author: Tom Campbell
Publisher: Oxford University Press on Demand
ISBN: 0199606072
Format: PDF
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The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights.