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Court of Justice of the European Union as an institutional actor : judicial lawmaking and its limits / Thomas Horsley, University of Liverpool.

By: Material type: TextSeries: Cambridge studies in European law and policyPublication details: Cambridge, United Kingdom : Cambridge University Press, 2018.Description: xxix, 296 pages ; 23 cmISBN:
  • 9781107124035
  • 1107124034
  • 9781107561137
  • 1107561132
Subject(s): Additional physical formats: ebook version :: No titleLOC classification:
  • KJE5461 .H67 2018
Contents:
The EU Treaty framework as constitutional touchstone -- The EU Treaty framework and the constitutional context of European integration -- The Court of Justice , the Treaty framework and Constitutional Issue No. 1 -- The Court of Justice , the Treaty framework and Constitutional Issue No. 2 -- The Court of Justice , the Treaty framework and Constitutional Issue No. 3 -- The feedback loop : The Court of Justice and its interlocutors -- Conclusion : three contemporary problems, four reform proposals.
Summary: 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. --
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Books African Court on Human and Peoples' Rights Library KJE5471 .H47 2018 (Browse shelf(Opens below)) Available Donation from Raoul Wallenberg Institute, November 2021 10197087

Includes bibliographical references and index.

The EU Treaty framework as constitutional touchstone -- The EU Treaty framework and the constitutional context of European integration -- The Court of Justice , the Treaty framework and Constitutional Issue No. 1 -- The Court of Justice , the Treaty framework and Constitutional Issue No. 2 -- The Court of Justice , the Treaty framework and Constitutional Issue No. 3 -- The feedback loop : The Court of Justice and its interlocutors -- Conclusion : three contemporary problems, four reform proposals.

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. --

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