The Court of Justice of the European Union has exclusive jurisdiction over European Union law and holds a broad interpretation of these powers. This, however, may come into conflict with the jurisdiction of other international courts and tribunals, especially in the context of so-called mixed agreem
The Power of the European Court of Justice
β Scribed by Susanne K. Schmidt; R. Daniel Kelemen
- Publisher
- Routledge
- Year
- 2012
- Tongue
- English
- Leaves
- 159
- Series
- Journal of European Public Policy Series
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Courtβs power to see if they remain viable in the Courtβs contemporary environment. We also need to better understand the ultimate limits of the Courtβs power β the means through which and extent to which national governments, national courts, litigants and the Courtβs other interlocutors attempt to influence the Court and to limit the impact of its rulings.
In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Courtβs ability or willingness to act as a motor of integration.
This book was published as a special issue of the Journal of European Public Policy.
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'<i>This well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the Court's role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, d