
Judging Europe's Judges
The Legitimacy of the Case Law of the European Court of Justice
- 272 pages
- English
- PDF
- Available on iOS & Android
Judging Europe's Judges
The Legitimacy of the Case Law of the European Court of Justice
About this book
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. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.
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Table of contents
- Preliminary pages
- Preface
- Table of Contents
- About the Authors
- Introduction: Judging Europe’s Judges
- 1. The Court’s Outer and Inner Selves: Exploring the External and Internal Legitimacy of the European Court of Justice
- 2. Adjudication by Reference to General Principles of EU Law: A Second Look at the Mangold Case Law
- 3. The Court’s Case Law on the Internal Market: ‘A Circumloquacious Statement of the Result, Rather than a Reason for Arriving at It’?
- 4. The Legitimacy of Free Movement Case Law: Process and Substance
- 5. The Bubble that Burst: Exploring the Legitimacy of the Case Law on the Free Movement of Union Citizens
- 6. Towards ‘Real’ Citizenship? The Judicial Construction of Union Citizenship and its Limits
- 7. Placing the European Union in International Context: Legitimacy of the Case Law
- 8. Of Feasibility and Silent Elephants: The Legitimacy of the Court of Justice through the Eyes of National Courts
- Epilogue: Judging the Judges – Apology and Critique
- Index