The Judicial Construction of Europe

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

The Court of Justice and the Construction of Europe Analyses and Perspectives on Sixty Years of Case law La Cour de Justice et la Construction de l Europe Analyses et Perspectives de Soixante Ans de Jurisprudence

Author: Court of Justice of the European Un
Publisher: Springer Science & Business Media
ISBN: 9067048976
Format: PDF, ePub
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This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.

The Oxford Handbook of the European Union

Author: Erik Jones
Publisher: Oxford University Press
ISBN: 0199546282
Format: PDF, Mobi
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The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.

Judicial Politics and Policy making in Western Europe

Author: Mary L. Volcansek
Publisher: Psychology Press
ISBN: 9780714634623
Format: PDF, Docs
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Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next.

The Judicial Politics of Economic Integration

Author: Osvaldo Saldias
Publisher: Routledge
ISBN: 1134114664
Format: PDF, Mobi
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The Judicial Politics of Economic Integration analyses development strategies and regional integration in the Andean Community (the former Andean Pact), focusing on the establishment of the Andean Court of Justice and its case law, as well as the intellectual underpinnings that made such an impressive reform possible. The court is a transplant taken from the European integration process, and it materializes the visions, expectations, and dreams of the transnational development movement of "integration through law". The book discusses the outcomes of the Court in light of the debates about judicial reform in the process of development and regional integration. Although clearly confirming several earlier claims that "one size does not fit all", Osvaldo Saldias provides new insights into how legal transplants adapt and evolve, and how we can learn much more about legal reform from a project that presumably failed than from successful copies. The Andean Court of Justice is a remarkable example of an institution capable of adapting to political and economic challenges; therefore, in times of a severe European economic crisis we should not forget that we might improve our understanding of European integration by looking at developments in other regions. An interesting new study with an international focus, this book will be a fascinating read for students and scholars of Law and Latin American Studies.

Judging Europe s Judges

Author: Maurice Adams
Publisher: A&C Black
ISBN: 1782252312
Format: PDF, ePub
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After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.

The History of the European Union

Author: Professor of European Studies Wolfram Kaiser
Publisher: Routledge
ISBN: 113404092X
Format: PDF
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This book radically re-conceptualises the origins of the European Union as a trans- and supranational polity as it emerged between the Schuman Plan of May 1950 and the first enlargement of the European Communities at the start of 1973. Drawing upon social science theories and debates as well as recent historical research, Wolfram Kaiser and Morten Rasmussen in their introductory chapters discuss innovative ways of narrating the history of the EU as the emergence of a transnational political society and supranational political system. Building on these insights, eight chapters based on multilateral and multi-archival research follow each with case studies of transnational networks, public sphere and institutional cultures and policy-making which illustrate systematically related aspects of the early history of the EU. In the concluding chapter, leading political scientist Alex Warleigh-Lack demonstrates how greater interdisciplinary cooperation, especially between contemporary history and political studies, can significantly advance our knowledge of the EU as a complex polity. This book will be of interest to students and scholars of Politics, European Studies and History.

The Construction of Europe

Author: S. Martin
Publisher: Springer Science & Business Media
ISBN: 9401583684
Format: PDF, Kindle
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Stephen Martin* The fourteen essays that constitute this work provide a coherent review of the past and present of the European Community, and consider some of its possible futures. Werner Abelshauser and Richard Griffiths offer separate perspectives on the precursors of the European Community. Abelshauser argues that comparison of the fates of the European Coal and Steel Community and the European Defense Community demonstrate the dominance of political over economic considerations in the integration process. Griffiths considers the stillborn European Political Community, many of the proposed features of which, somewhat transformed, were embodied in the Treaty of Rome. Both suggest that as a practical matter a coming together of French and German interests has been a precondition for advances in European integration. Stephen Martin and Andrew Evans discuss the development of the Com munity's Structural Funds, first envisaged as tools to smooth the transition from a collection of regional economies to a continent-wide single market, now increasingly seen as devices to guide adjustment to long-term struc tural problems. Stuart Holland emphasizes the role of the Structural Funds as one element in a broad range of strategies to ensure social and economic cohesion as the Maastrict Treaty ushers the European Union into the next stage of its development.

Judicial Transformations

Author: Mitchel de S.-O.-l'E. Lasser
Publisher: Oxford University Press
ISBN: 0199570779
Format: PDF, ePub, Mobi
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Fundamental rights are exploding into all corners of the French and European judiciaries transforming the judicial landscape at breakneck speed. This book analyzes how this transformation has come to pass, and demonstrates that this revolution is both a result of the increasing diversity in Europe, and a product of the increasing interactions between national and supranational courts of Europe.

A Cosmopolitan Legal Order

Author: Alec Stone Sweet
Publisher: Oxford University Press
ISBN: 019882534X
Format: PDF, ePub
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In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part IIapplies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of theirjurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience,and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, theStrasbourg Court is the most active and important rights - protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.