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Legal Leadership in the European Union

John Bell

in Leaderless Europe

Published in print:
2008
Published Online:
September 2008
ISBN:
9780199535026
eISBN:
9780191715860
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535026.003.0012
Subject:
Political Science, Comparative Politics, European Union

Leadership does not always come from leaders. Laws provide for its exercise or constraint and the European Court of Justice (ECJ) gives legal but not political leadership. The 2005 constitutional ... More


Introduction: The ECJ as a Federal Constitutional Court

Alicia Hinarejos

in Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.003.0001
Subject:
Law, EU Law

This chapter focuses on those aspects of the role of the European Court of Justice (ECJ) that liken it to the constitutional court of a federal legal system. It provides a broad-brush overview of the ... More


Judicial Control in the Area of Freedom, Security and Justice

Alicia Hinarejos

in Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.003.0002
Subject:
Law, EU Law

This chapter deals with a primordial aspect of the evolution of the Area of Freedom, Security and Justice (AFSJ): judicial control. It maps out what the present situation is and what the future is ... More


Judicial Control in the Common Foreign and Security Policy

Alicia Hinarejos

in Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.003.0003
Subject:
Law, EU Law

This chapter assesses the role that the Court of Justice is given within Common Foreign and Security Policy (CSFP) in the TEU and in the Lisbon Treaty. Within the current framework, the Court of ... More


Concluding Remarks: A Constitutional Court for the EU?

Alicia Hinarejos

in Judicial Control in the European Union: Reforming Jurisdiction in the Intergovernmental Pillars

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199569960
eISBN:
9780191721977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569960.003.0004
Subject:
Law, EU Law

This chapter argues that although it is possible to criticize the Court's role as a constitutional adjudicator — and specially within the post-Lisbon Area of Freedom, Security and Justice (AFSJ), ... More


Multilevel Protection of Rights in Europe

Aida Torres Pérez

in Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.003.0003
Subject:
Law, EU Law

This chapter places this book's project in the context of the plurality of systems protecting fundamental rights in Europe. In Europe, there are at least three spheres of rights protection: the ... More


Balancing of Economic Law and Human Rights by the European Court of Justice

Bruno De Witte

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explains the approach of the ECJ to the use of human rights principles in the application and interpretation of economic Community law. This question arises in three different ... More


External Pressures on the Outside: Constructing a Familiar European Judicial Order

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0008
Subject:
Law, Comparative Law

This chapter stresses the interactive pressures between the two paradigmatic European judicial institutions: the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ... More


Institutional and Structural Characteristics

Eva Storskrubb

in Civil Procedure and EU Law: A Policy Area Uncovered

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.003.0004
Subject:
Law, EU Law

This chapter describes the particular institutional and structural rules of the policy area of judicial cooperation in civil matters and the consequences thereof. As a consequence of the placement of ... More


The Court of First Instance, its Development, and Future Role in the Legal Architecture of the European Union

Nicholas Forwood

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0003
Subject:
Law, EU Law

This chapter examines the development of the Court of First Instance (CFI) over the last 18 years, and offers some thoughts as to the possible evolution of its role. It argues that the role of the ... More


Equal Before the Law? Not if You Want to Register a Trade Mark

David T Keeling

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0016
Subject:
Law, EU Law

This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the ... More


The European Court of Justice and the Policy Process: The Shadow of Case Law

Susanne K. Schmidt

Published in print:
2018
Published Online:
February 2018
ISBN:
9780198717775
eISBN:
9780191787287
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198717775.001.0001
Subject:
Political Science, European Union

The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship ... More


Reconsidering Special and Differential Treatment in the Global Context

Sonia E. Rolland

in Development at the World Trade Organization

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199600885
eISBN:
9780191738364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600885.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter presents findings regarding special and differential treatment and the adjudication of development principally in international economic law, bringing to light creative approaches to ... More


Does the European Court of Justice keep the Balance between Individual and Community Interest in Kadi?

Rudolf Streinz

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0069
Subject:
Law, Public International Law

This chapter focuses on whether the ECJ has kept the balance between the individual's interest in human rights protection and the community interest to fight against international terrorism, bearing ... More


Policy Entrepreneurship, Group Mobilization, and the Creation of a New Policy Domain: Women’s Rights and the European Union

Sonia Mazey

in Constructing a Policy-Making State?: Policy Dynamics in the EU

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199604104
eISBN:
9780191741531
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604104.003.0007
Subject:
Political Science, European Union

This chapter explains the development of EU gender equality policies and evaluates the extent to which Europeanization has occurred in this sector. The argument presented is that the expansion of ... More


Polity-making without Policy-making: European Union Healthcare Services Policy

Scott Greer

in Constructing a Policy-Making State?: Policy Dynamics in the EU

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199604104
eISBN:
9780191741531
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604104.003.0014
Subject:
Political Science, European Union

European Union health care policy looks like an important and growing field from the perspective of Brussels: case law, legislation, lobbyists, intra-Commission disputes and all of the other signs of ... More


An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union

Dorte Sindbjerg Martinsen

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198753391
eISBN:
9780191815027
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753391.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of ... More


Justice in the EU: The Emergence of Transnational Solidarity

Floris de Witte

Published in print:
2015
Published Online:
August 2016
ISBN:
9780198724346
eISBN:
9780191792052
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724346.001.0001
Subject:
Law, EU Law

In this book, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. ... More


Judicial Circumspection in the EU

Tonia Novitz

in International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198298540
eISBN:
9780191685484
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298540.003.0010
Subject:
Law, Company and Commercial Law

Neither freedom of association nor the right to strike receives explicit protection under EC legislation, apart from non-binding declaratory instruments. This means that, generally, there is no ... More


The Politics of Integration: The Possibilities of de facto Co-nation Sovereignty

Tove H. Malloy

in National Minority Rights in Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199274437
eISBN:
9780191699757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274437.003.0009
Subject:
Law, EU Law

This chapter evaluates the influence of the national minority discourse on political integration and considers the possibilities of de facto co-nation sovereignty. The analysis reveals that the ... More


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