Good Judgment : The European Court of Justice as a Context-Conscious Lawmaker / Urška Šadl.

Format:

Book

Author/Creator:

Šadl, Urška, author.

Language:

English

Subjects (All):

Court of Justice of the European Communities.

Law--European Union countries.

Law.

Physical Description:

1 online resource (231 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

London : Hart Publishing, 2024.

System Details:

text file HTML

Summary:

Courts are context-conscious. They solve legal disputes with societal impact in mind, using interpretive tools and procedural means. This book develops concepts and methods for a systematic and legally informative analysis of this complex process. The evidence delivered prompts a conversation about the authority courts have to change the law. The analysis focuses on the European Court of Justice and its free movement case law. The framework and theory, however, are relevant to courts and case law everywhere. This is a compelling and intriguing examination of the ECJ and its shaping of a key tenet of EU law.

Contents:

Intro

Acknowledgements

Contents

List of Tables and Figures

1. Introduction

Summary

A. The Main Claim

B. The Structure

C. The Outline

D. In Sum

PART I: THE ANALYTICAL FRAMEWORK

2. Context-Conscious Judging

A. Four Perspectives on Context-Conscious Judging

B. The Court's Reasoning and Power

3. Good Judgment

A. From Good Judging to Good Judgment

B. Three Types of Good Judgment

C. Conclusion

4. Operationalising Good Judgment

A. Three Steps of the Analysis

B. The Parameters of Case-law

C. Annotation

D. Conclusion to Part I

PART II: THE MECHANICS OF GOOD JUDGMENT

5. Persons

A. Introduction

B. The Rules Governing the Free Movement of Persons and European Citizens

C. Free Movement Disputes: Legal Issues

D. The Parameters of Good Judgment

E. Emblematic Judgments: A Close up

F. Upholding Conflicting Interests: The Long Term 1954-2022

6. Goods

B. The Legal Framework of Free Movement of Goods

C. Free Movement Judgments: An Overview of Legal Questions

E. Emblematic Judgments

F. Upholding Conflicting Interests: The Long Term

PART III: THE MECHANISMS OF GOOD JUDGMENT

7. The Court as a Context-Conscious Lawmaker

B. Case-Motivated Good Judgment

C. Context-Motivated Good judgment

D. Alternative Tools of Context-Conscious Judging

E. Appraisal

8. Conclusion

A. The Argument

B. Contribution

C. Is Good Judgment a Good Idea?

Bibliography

Index.

Notes:

Includes bibliographical references and index.

ISBN:

9781509968152

1509968156

9781509968145

1509968148

9781509968138

150996813X

OCLC:

1450100439