The Court of Justice of the European Union: Multidisciplinary Perspectives

✍ Scribed by Mattias Derlén; Johan Lindholm (editors)

• Publisher: Hart Publishing Ltd
• Year: 2018
• Tongue: English
• Leaves: 247
• Series: Swedish Studies in European Law Volume 10
• Category: Library

✦ Synopsis

In 2017, the Court of Justice of the European Union (CJEU) celebrated 65 years and has thereby achieved retirement age in most EU Member States. If it were to retire, the Court would be able to look back at a fascinating journey, from its relatively humble beginning on 4 December 1952 as part of the then brand-new European Coal and Steel Community, to one of the most important and exciting judicial institutions in Europe, perhaps in the entire world.
The need to understand the CJEU has never been greater. This volume is dedicated to improving our understanding of the Court in relationship to other actors, including other EU institutions, the Member States, national courts, third countries, and international organisations. It is based on a conference arranged by the Swedish Network for European Legal Studies (SNELS) held at Stockholm University in December 2016, and includes contributions by both lawyers and researchers in other fields, as well as current members of the Court.

✦ Table of Contents

Preface
Table of Contents
List of Contributors
1
The Court of Justice Then, Now and Tomorrow
1. Introduction
2. The Court of Justice Then
3. The Court of Justice Now
4. The Court of Justice Tomorrow?
2 Preliminary Rulings to the CJEU and the Swedish Judiciary: Current Developments
1. Introduction
2. The Commission's Action against Sweden—A Backdrop
3. The Duty to give Reasons for Decisions not to Refer to the CJEU and Swedish Practice
4. Requests by Swedish Courts for Preliminary Rulings 2010-2015. How does Sweden fare?
5. Types of Cases Referred
6. Explanations of the Restrictive Attitude
3 A Dynamic Analysis of Judicial Behaviour: The Auto-Correct Function of Constitutional Pluralism
1. Introduction to the Auto-Correct Function
2. The EU Perspective in the Analysis
3. The Member State Perspective in the Analysis
4. Conclusion
4 Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union
1. Introduction
2. The European Union and International Agreements
3. Pre-Ratification Judicial Review
4. Ex Ante Opinions in Action: The use of Article 218(11) TFEU
5. The Far Side of Agreements: Ex Post
6. Issues in posterum
7. Forward Thinking
5 Serving Two Masters: CJEU Case Law in Swedish First Instance Courts and National Courts of Precedent as Gatekeepers
1. Introduction: CJEU Jurisprudence and Union Courts of Ordinary Jurisdiction
2. Theory: A Three-Tiered EU Judiciary?
3. Method: Measuring Influence
4. 'We Don't Need No Education': CFI Citation Independence
5. The Master Has Spoken? (Potential) CoP Citation Influence
6. Conclusions–Is there Something Rotten in the State of Sweden?
6 The Role of the Court in Limiting National Policy-Making: Requiring Safeguards against the Arbitrary Use of Discretion
1. Introduction
2. Is it Activist for the Court to Limit National Policy-Making?
3. Proportionality Assessment and National Margin of Appreciation
4. Safeguards against the Arbitrary Use of Discretion
5. Conclusion
7 Institutional Balance as Constitutional Dialogue: A Republican Paradigm for the EU
1. Introduction: A Republican Paradigm of Non-Domination for the EU
2. Institutional Balance as Legitimate Government
3. The Republican Model of Institutional Balance as Constitutional Dialogue
4. Who has the Ultimate Authority on the Institutional Balance? The Role of the CJEU in Shaping the Institutional Balance
5. Extra-judicial Actors and the Mutual Interdependency of the Institutional Balance
6. Conclusion
8 House of Cards in Luxemburg?: A Brief Defence of the Strategic Model of Judicial Politics in the Context of the European Union
1. Introduction
2. The Separation of Powers Model
3. Empirical Application of the SOP Model to the CJEU
4. Conclusions
9 Referring Court Influence in the Preliminary Ruling Procedure: The Swedish Example
1. Introduction
2. Previous Research
3. Method and Materials
4. Findings
5. Discussion and Conclusions
Appendix: Table of Cases Included in the Study, by Referring Court and in Chronological Order
10 Citizen Control through Judicial Review
1. Introduction
2. Purpose and Method
3. When and Why Do Member States Resort to the Choice of Legality Review?
4. Constitutional Review in the Member States
5. The function of the Ultra Vires Test
6. The Way Forward: Actio Popularis
7. Summary
11 The Scandinavians: The Foot-dragging supporters of European Law?
1. Introduction
2. Studying Courts and Society: The Theoretical Approach
3. Why Do National Courts have Different Reference Patterns?
4. Conclusions
12 On Specialisation of Chambers at the General Court
1. Introduction
2. The Different Calls for Specialised Chambers at the General Court
3. Increased Specialisation: A Way Forward to Deal with Complex Cases?
4. Increased Specialisation: A Way to Increase the Quality in Judicial Decision Making
5. Increased Specialisation: A Way to Increase Legal Coherence and Openness in Judicial Decision Making
6. Conclusions
Index