Judging Europe's judges : the legitimacy of the case law of the European Court of Justice / edited by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans.

Format:

Book

Contributor:

Adams, Maurice, 1964- editor of compilation.

Meeusen, Johan, editor of compilation.

Straetmans, Gert, editor of compilation.

Waele, Henri de, 1979- editor of compilation.

Language:

English

Subjects (All):

Court of Justice of the European Union.

Judge-made law--European Union countries.

Judge-made law.

Judges--European Union countries.

Judges.

Law--European Union countries.

Law.

Physical Description:

1 online resource (273 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2013.

Language Note:

English

Summary:

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

Contents:

Introduction. Judging Europe's judges

Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans

The Court's outer and inner selves : exploring the external and internal legitimacy of the European Court of Justice

Koen Lenaerts

Adjudication by reference to general principles of EU law : a second look at the Mangold case law

Jan Mazak and Martin Moser

The Court's case law on the internal market : 'a circumloquacious statement of the result, rather than a reason for arriving at it'?

Stephen Weatherill

The legitimacy of free movement case law : process and substance

Jukka Snell

The bubble that burst : exploring the legitimacy of the case law on the free movement of Union citizens

Michael Dougan

Towards 'real' citizenship? : The judicial construction of Union citizenship and its limits

Daniel Thym

Placing the European Union in international context : legitimacy of the case law

Eileen Denza

Of feasibility and silent elephants : the legitimacy of the Court of Justice through the eyes of national courts

Michal Bobek

Epilogue. Judging the judges : apology and critique

JHH Weiler.

Notes:

Papers based on a 2011 conference entitled: The legitimacy of the case law of the European Court of Justice in a Union transformed.

Includes bibliographical references and index.

ISBN:

9781849469708

1849469709

9781474200257

1474200257

9781782252313

1782252312

9781782252306

1782252304

OCLC:

865157410