Europeanization of Judicial Review

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

National Courts and EU Law

Author: Bruno de Witte
Publisher: Edward Elgar Publishing
ISBN: 1783479906
Format: PDF, ePub, Docs
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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 Judicial Construction of Europe

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

European Integration and Consensus Politics in the Low Countries

Author: Hans Vollaard
Publisher: Routledge
ISBN: 1317704010
Format: PDF, Mobi
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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 Consensus Politics in the Low Countries

Author: Hans Vollaard
Publisher: Routledge
ISBN: 1317704029
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.

Europeanization

Author: P. Graziano
Publisher: Springer
ISBN: 0230584527
Format: PDF, ePub, Mobi
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This cutting-edge handbook, written by foremost authoritative scholars, presents the main theoretical and empirical issues involved in current Europeanization research. It evaluates the achievements and shortcomings of the growing literature. As an advanced reference book it also sets the parameters for Europeanization research in the coming years.

Europeanization

Author: Robert Harmsen
Publisher: Rodopi
ISBN: 9789042014138
Format: PDF, ePub, Mobi
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The theme of Europeanization has, in recent years, come to figure prominently in a wide range of social science analyses concerning both the process of European integration and broader patterns of change in contemporary Europe. Yet, though increasingly a staple of academic discourse, no widely accepted definition of the term has emerged. This volume of the European Studiesrepresents one of the first interdisciplinary attempts to examine the manifold uses and possibilities of a Europeanization problematic. An international team of contributors drawn from the disciplines of Politics, Sociology, History, Anthropology, and Law explore processes of institution-building and identity formation through the optic of Europeanization. Their work offers new insights as regards the development of European integration, pointing particularly to the need for a genuinely interdisciplinary European Studies which encompasses, but is not limited to, the study of the European Union.

The Europeanization of Turkey

Author: Ali Tekin
Publisher: Routledge
ISBN: 1317557026
Format: PDF, ePub, 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.

Governance and Constitutionalism

Author: Bogdan Iancu
Publisher: Routledge
ISBN: 9781138633674
Format: PDF, ePub
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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.