The procedural and organisational law of the European Court of Justice : an incomplete transformation / Christoph Krenn, Max Planck Institute for Comparative Public Law and International Law, Heidelberg.

Format:

Book

Author/Creator:

Krenn, Christoph, 1986- author.

Series:

Cambridge studies in European law and policy.

Cambridge studies in European law and policy

Language:

English

Subjects (All):

Court of Justice of the European Communities.

Courts of last resort--European Union countries.

Courts of last resort.

Physical Description:

1 online resource (xxi, 179 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.

Summary:

How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

Contents:

Introduction

What courts do : a normative theory of court decision-making

On the template of the ICJ : the court's liberal roots

Luhmann in Luxembourg : the rise of the rule of law model

Completing the transformation : proposals for democratising the ECJ

Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 15 Sep 2022).

Includes bibliographical references and index.

ISBN:

1-009-24795-6

1-009-24797-2

1-009-24792-1