The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation

European Union Law

The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation

By Christopher Krenn
Cambridge University Press September 2022

Specifications

ISBN-13
9781009247948
Publisher
Cambridge University Press
Publication
September 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

Table of Contents

1. Introduction
2. What courts do: a normative theory of court decision-making
3. On the template of the ICJ: the Court's liberal roots
4. Luhmann in Luxembourg: the rise of the rule of law model
5. Completing the transformation: proposals for democratising the ECJ
6. Conclusion
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