Revisiting judicial politics in the European Union / edited by Mark Dawson (Professor of European Law and Governance, Hertie School, Berlin, Germany), Bruno de Witte (Professor of European Law, Maastricht University, the Netherlands), and Elise Muir (Professor of European Law, KU Leuven, Belgium).
2024
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Title
Revisiting judicial politics in the European Union / edited by Mark Dawson (Professor of European Law and Governance, Hertie School, Berlin, Germany), Bruno de Witte (Professor of European Law, Maastricht University, the Netherlands), and Elise Muir (Professor of European Law, KU Leuven, Belgium).
Added Corporate Author
Imprint
Northampton : Edward Elgar Publishing, 2024.
Description
1 online resource (388 pages)
Formatted Contents Note
Contents: 1. Introduction: Locating judicial politics / Mark Dawson, Bruno de Witte, and Elise Muir
2. Revisiting Europe's 'law-politics imbalance' / Mark Dawson
3. Contesting EU law in identity terms / Loïc Azoulai
4. Beyond judicial activism: Europe's judicial narratives and the polity-cal role of the court of justice / Antoine Bailleux
5. The judicial politics of solidarity / Floris de Witte
6. Judicial politics in the EU rule of law crisis / Matteo Bonelli and Monica Claes
7. The court of justice: A fundamental rights institution among others within the EU legal order / Elise Muir
8. Unstable structures: The institutional balance and the European court of justice / Julio Baquero Cruz
9. Governing the internal market: From judicial politics to ordinary politics / Jan Zglinski
10. When EU courts meet science: Judicial review of science-based measures post-pfizer / Luca Knuth and Ellen Vos
11. 'Judicial passivism' in EU migration and asylum law revisited / Iris Goldner Lang
12. The cjeu and climate (in)activism? / Sacha Garben
13. Judicial control of the politics of differentiated integration / Bruno De Witte
14. The European court of justice, an able and unwilling lawmaker: Evidence from 920 free movement of persons judgments / Urska Šadl and Silje Hermansen
15. The activism of national constitutional courts in interpreting EU law / Mattias Wendel
16. Comparing the activist claim between strasbourg and Luxembourg in the field of non-discrimination / Mathias Möschel
17. The role of judges in academic and political discourse / Fulvia Ristuccia and Eleanor Spaventa.
2. Revisiting Europe's 'law-politics imbalance' / Mark Dawson
3. Contesting EU law in identity terms / Loïc Azoulai
4. Beyond judicial activism: Europe's judicial narratives and the polity-cal role of the court of justice / Antoine Bailleux
5. The judicial politics of solidarity / Floris de Witte
6. Judicial politics in the EU rule of law crisis / Matteo Bonelli and Monica Claes
7. The court of justice: A fundamental rights institution among others within the EU legal order / Elise Muir
8. Unstable structures: The institutional balance and the European court of justice / Julio Baquero Cruz
9. Governing the internal market: From judicial politics to ordinary politics / Jan Zglinski
10. When EU courts meet science: Judicial review of science-based measures post-pfizer / Luca Knuth and Ellen Vos
11. 'Judicial passivism' in EU migration and asylum law revisited / Iris Goldner Lang
12. The cjeu and climate (in)activism? / Sacha Garben
13. Judicial control of the politics of differentiated integration / Bruno De Witte
14. The European court of justice, an able and unwilling lawmaker: Evidence from 920 free movement of persons judgments / Urska Šadl and Silje Hermansen
15. The activism of national constitutional courts in interpreting EU law / Mattias Wendel
16. Comparing the activist claim between strasbourg and Luxembourg in the field of non-discrimination / Mathias Möschel
17. The role of judges in academic and political discourse / Fulvia Ristuccia and Eleanor Spaventa.
Summary
"Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice. Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice. This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781035313518 (e-book)
Record Appears in