... a fascinating volume that addresses the legitimacy of the case law of the Court of Justice of the European Union. It would be of particular interest to those working on the ‘hard cases’ recently decided by the CJEU, but also more generally to anyone interested in European law.

- Michele Finck, EUtopia Law Blog

...I can only wholeheartedly recommend this book to anyone interested in EU law and the more philosophical or political questions of its legitimacy. Again, particularly in these times of euroscepticism and the tabloids' war on the EU, this book fills an important gap and might provide Europhiles with some excellent arguments for their next chat with the sceptics.

- Paul Gragl, European Law Blog

In what way has the guiding role of the Court of Justice evolved in the European Union after the broadening of its eastern boundaries and the reforms brought about by the Lisbon Treaty? Has this guiding role been undermined? The nine studies published in this volume address this two-fold, ambitious question. (Translated from the original Italian.)

- Mario Davino, Rivista Trimestrale di Diritto Pubblico 4/2014 (Oct-Dec)

After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court’s output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship.
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This volume aims to study the impact of recent developments such as EU enlargement and the Lisbon Treaty on the ECJ, to examine the legitimacy of the Court's output in this novel context and provide a systemic appraisal of its overall performance.
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Introduction: Judging Europe's Judges Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans 1. The Court's Outer and Inner Selves: Exploring the External and Internal Legitimacy of the European Court of Justice Koen Lenaerts 2. Adjudication by Reference to General Principles of EU Law: A Second Look at the Mangold Case Law Ján Mazák and Martin Moser 3. The Court's Case Law on the Internal Market: 'A Circumloquacious Statement of the Result, Rather than a Reason for Arriving at It'? Stephen Weatherill 4. The Legitimacy of Free Movement Case Law: Process and Substance Jukka Snell 5. The Bubble that Burst: Exploring the Legitimacy of the Case Law on the Free Movement of Union Citizens Michael Dougan 6. Towards 'Real' Citizenship? The Judicial Construction of Union Citizenship and its Limits Daniel Thym 7. Placing the European Union in International Context: Legitimacy of the Case Law Eileen Denza 8. Of Feasibility and Silent Elephants: The Legitimacy of the Court of Justice through the Eyes of National Courts Michal Bobek Epilogue: Judging the Judges – Apology and Critique JHH Weiler
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This book aims to assess the impact of the enlargement of the EU and the entry into force of the Lisbon Treaty on the European Court of Justice.

Produktdetaljer

ISBN
9781849469708
Publisert
2015-07-16
Utgiver
Vendor
Hart Publishing
Vekt
386 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
272

Biographical note

Maurice Adams is Professor of General Jurisprudence and ‘vfund’ Professor of Democratic Governance and the Rule of Law at Tilburg University. Henri de Waele is Professor of International and European Law at Radboud University Nijmegen and Guest Professor of European Institutional Law at the University of Antwerp. Johan Meeusen is Vice-Rector and Professor of European Union Law and Private International Law at the University of Antwerp. Gert Straetmans is Professor of European Economic and Commercial Law at the University of Antwerp.