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The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits

The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits

Name: The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits
Brand: Cambridge University Press
SKU: 9781107124035
Price: 1324.05 HKD
Availability: InStock
Author: Thomas Horsley
ISBN: 9781107124035

By Thomas Horsley

Cambridge University Press July 2018

Specifications

ISBN-13: 9781107124035
Publisher: Cambridge University Press
Publication: July 2018
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

The EU Treaties bind the Court of Justice of the European Union as an institution of the Union. But what does that mean for judicial lawmaking within the EU legal order? And how might any limits set out in the EU Treaties be effectively applied to the Court of Justice as lawmaker?

This book interrogates these fundamental and underexplored questions at a critical juncture in European integration. It argues that the EU Treaties should be considered to function as the principal touchstones for assessing the internal constitutionality, and hence legitimacy, of all Union institutional activity - including the work of the Court.

It then examines how far the Court of Justice complies with the EU Treaty framework in the exercise of its interpretative functions. The results of that analysis are striking and offer scholars powerful new insights into the nature and limits of the Court's role within the EU legal order.

Introduction

1. The EU Treaty framework as constitutional touchstone

2. The EU Treaty framework and the constitutional context of European integration

3. The Court of Justice, the Treaty framework, and constitutional issue No.

4. The Court of Justice, the Treaty framework and constitutional issue No.

5. The Court of Justice, The Treaty framework and constitutional issue No.

6. The feedback loop: the Court of Justice and its interlocutors

7. Conclusion: three contemporary problems, four reform proposals.

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