The European judiciary a community of law and a community of judges edited by Alejandro Saiz Arnaiz, Joan Solanes Mullor

Format:

Book

Contributor:

Saiz Arnaiz, Alejandro, editor.

Mullor, Joan Solanes, editor.

Bloomsbury (Firm), publisher.

Series:

Modern studies in European law

Language:

English

Subjects (All):

Law--Europe.

Law.

Physical Description:

1 online resource (304 pages)

Edition:

1st edition

Place of Publication:

London Hart Publishing 2025

Summary:

This open access book provides a compelling re-examination of the European Union judiciary, encompassing the European Court of Human Rights, the Court of Justice of the European Union and constitutional courts, as explored by prominent scholars from the Spanish academic community. Organised into three substantive parts, the book explores the essential interplay between these judicial bodies, emphasizing how their distinct roles, challenges, and evolutions are deeply interconnected. Together, these institutions form a cohesive yet occasionally tension-filled 'community of judges' that collaborates, interacts, and sometimes diverges in shaping the legal landscape of Europe. The first part examines the institutional framework and the foundational role of the European Court of Human Rights, focusing on its influence on European legal norms and human rights protections. The second part addresses the institutional challenges faced by the Court of Justice of the European Union, including its function as a cornerstone of EU law and its interactions with other courts. The final part investigates the role of constitutional courts within EU Member States, highlighting their responses to European integration and their dynamic relationships with supranational courts. By exploring the interdependencies, mutual influences, and occasional tensions within this 'community of judges', the book reveals how these courts, in collaboration with European scholarship, collectively contribute to a broader 'community of law' that continues to shape the legal and political order of Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com

Contents:

List of Contributors

The European Judiciary: A Community of Judges as a Functional and Evolving Instrument of Constitutional Pluralism, Alejandro Saiz Arnaiz and Joan Solanes Mullor

Part I. The European Court of Human Rights: Protecting Human Rights in a Pluralistic Europe

1. Formal and Informal Integration in the European System of Human Rights Protection, Luis López Guerra

2. Contrapunctual Dialogue with the European Court of Human Rights?, Rafael Bustos Gisbert

3. The European Court of Human Rights in Inter-State Applications relating to International Armed Conflicts: Prospects and Difficulties, Paz Andr&&&&&s S&&&&enz de Santa Mar&&Ua

Part II. The Court of Justice of the European Union: Managing the Challenges of Primacy and Pluralism

4. The Primacy of Union Law: Fit for Purpose?,Daniel Sarmiento

5. The Obligation to Interpret National Law, including National Constitutions, in Conformity with European Union Law, Juan Ignacio Ugartemend&&Ua Eceizabarrena

6. The 2024 Reform of the Statute of the Court of Justice of the EU and the Transformation of the EU Judicial System: Preliminary Rulings before the General Court of the EU, Sara Iglesias S&&&&nchez

7. The Jurisdiction of the Court of Justice of the European Union in the Field of Common Foreign and Security Policy, Javier D&&Uez-Hochleitner

Part III. Constitutional Courts: Navigating Integration and Autonomy

8. On the Guardians of the EU-Member State Constitution: Redefining the Roles of the European and National Judiciaries, Pedro Cruz Villalón

9. The Europeanisation of the Constitutional Parameter of Review: A By-product of the EU Charter of Fundamental Rights, Xabier Arzoz

10. European Criminal Law and Constitutional Courts. Constructing a Fundamental-Rights Narrative Through Militant Cooperation, Maribel González Pascual

11. The Controversial Question of Constitutional Protection regarding the Primacy of Union Law, Cristina Izquierdo Sans

Notes:

Creative Commons. CC BY-NC-ND 4.0. https://creativecommons.org/licenses/by-nc-nd/4.0/deed.en

Other Format:

Print version:9781509975556 The European judiciary

ISBN:

9781509975730

OCLC:

1506481096

Access Restriction:

Restricted for use by site license