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

ISBN-13: 9781107561137 / Angielski / Miękka / 2019 / 326 str.

Thomas Horsley

Opis

Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration.

Recenzje

'What Horsley offers … is not simply a critique of the role of the CJEU. He also examines the elementary questions that underlie the Union's legal architecture … and offers answers to these questions on the basis of the Treaty that at times differ quite radically from those suggested by the CJEU. In doing so, he rethinks some of the basic assumptions underlying integration studies, and adds a rich layer to the debate on aspects as disparate as citizenship law, national identity, and the Euro-crisis.' Floris de Witte, European Law Blog

Spis treści

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. 1; 4. The Court of Justice, the Treaty framework and constitutional issue No. 2; 5. The Court of Justice, The Treaty framework and constitutional issue No. 3; 6. The feedback loop: the Court of Justice and its interlocutors; 7. Conclusion: three contemporary problems, four reform proposals.