Europeanization Of Judicial Review

Author : Nicola Ch. Corkin
Publisher : Routledge
Page : 225 pages
File Size : 48,5 Mb
Release : 2014-11-13
Category : Political Science
ISBN : 9781134680498

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Europeanization of Judicial Review by Nicola Ch. Corkin Pdf

Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.

Author : Mariolina Eliantonio
Publisher : ISBS
Page : 440 pages
File Size : 52,8 Mb
Release : 2009
Category : Law
ISBN : 9076871973

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Europeanisation of Administrative Justice? by Mariolina Eliantonio Pdf

Some 40 years after the landmark judgment of the European Court of Justice (ECJ) in van Gend en Loos, the impact of European law on the administrative laws of the Member States of the European Union has manifested itself intensely, and in many different aspects, because of the influence of both the ECJ and of EC legislation. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Amongst those areas, this book focuses on the influence of the ECJ's case law on five selected aspects of the Italian, German, and English rules on the judicial review of administrative action. Taking as a starting point the ECJ's case law on domestic remedies, the book reports the results of an investigation as to whether, and to what extent, the national courts have applied the standards of protection set out in the ECJ's case law. Furthermore, it is investigated whether, in the areas in which a process of Europeanization has taken place, the ECJ's case law has contributed to an increasing similarity between the three legal systems. Finally, the book discusses whether, for the purposes of ensuring an effective judicial protection of Community rights, the rules on the decentralized enforcement of EC law in administrative courts should be harmonized by the European legislator.

Author : Alexander H. Türk
Publisher : Edward Elgar Publishing
Page : 403 pages
File Size : 41,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781848447493

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Judicial Review in EU Law by Alexander H. Türk Pdf

Judicial review constitutes an important aspect of any legal system operating under the rule of law. This book provides a comprehensive account of judicial review in EU law by assessing the vast and complex case-law of the European Court of Justice (ECJ) in this area and the academic opinion which has accompanied its rulings over the years. It questions the prevalent view in academic literature that the Court s restrictive approach to allowing individuals direct access to the Community Courts, in case of a challenge against normative acts, amounts to a denial of an effective remedy. The author argues that the emerging constitutional nature of the European Union and its federal structure requires a more balanced view. While it will improve direct access for individuals to the Union's judiciary, the Lisbon Treaty will not radically alter the system of judicial review in the European Union. Judicial Review in EU Law will be of great interest to academics, and given its detailed discussion of case-law of the ECJ it will also appeal to postgraduate students of European law. Dealing with an important aspect of legal practice, it will be invaluable reading for practitioners in law firms and officials working in local, regional and central government.

Author : Giacinto della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 400 pages
File Size : 45,5 Mb
Release : 2021-08-23
Category : Law
ISBN : 9780192637710

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Judicial Review of Administration in Europe by Giacinto della Cananea,Mauro Bussani Pdf

This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

Author : Gordon Slynn Baron Slynn of Hadley
Publisher : Kluwer Law International B.V.
Page : 724 pages
File Size : 44,5 Mb
Release : 2000-06-14
Category : Law
ISBN : 9789041113726

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Judicial Review in European Union Law:Essays in Honour of Lord Slynn by Gordon Slynn Baron Slynn of Hadley Pdf

Paradigm in Judicial Review

Author : Michael Kiener
Publisher : GRIN Verlag
Page : 25 pages
File Size : 45,9 Mb
Release : 2012-03-02
Category : Political Science
ISBN : 9783869439594

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Europeanization by the Courts by Michael Kiener Pdf

Seminar paper from the year 2003 in the subject Politics - International Politics - Topic: European Union, grade: 1.5, University of Bern, language: English, abstract: Abstract There is a broad consensus that courts play a significant role in the process of European integration. By giving rulings on preliminary references the European Court of Justice (ECJ) asserted the two central principles "supremacy" and "direct effect", which transformed the treaty into something like a constitution. The interaction between national judges and the ECJ through the preliminary reference procedure eased this process, but not all member states used this possibility in the same degree. Whereas German, Italian and Austrian judges widely used this procedure in recent years, other countries like France, Ireland, Spain and Portugal hardly did. In this empirical analysis, which is based on data covering all current member states, I try to find some general explanations and fundamental aspects of variance in preliminary references by applying Europeanization and political-institutional theory.

Author : Nicola Ch. Corkin
Publisher : Routledge
Page : 248 pages
File Size : 48,5 Mb
Release : 2014-11-13
Category : Political Science
ISBN : 9781134680566

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Europeanization of Judicial Review by Nicola Ch. Corkin Pdf

Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.

Author : Anonim
Publisher : Unknown
Page : 674 pages
File Size : 42,6 Mb
Release : 2000
Category : Extraordinary remedies
ISBN : OCLC:763131449

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Judicial Review in European Union Law by Anonim Pdf

Author : Bruno de Witte,Juan A. Mayoral,Urszula Jaremba,Marlene Wind,Karolina Podstawa
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 45,9 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781783479900

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National Courts and EU Law by Bruno de Witte,Juan A. Mayoral,Urszula Jaremba,Marlene Wind,Karolina Podstawa Pdf

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

Author : Conleth Bradley
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 2024-06-27
Category : Electronic
ISBN : 0414054482

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Judicial Review by Conleth Bradley Pdf

Author : Gerhard Bebr
Publisher : Springer
Page : 826 pages
File Size : 49,7 Mb
Release : 2013-12-01
Category : Law
ISBN : 9789401190190

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Development of Judicial Control of the European Communities by Gerhard Bebr Pdf

The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.

Author : Jacobine Elisabeth Brink
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2015
Category : Administrative law
ISBN : 9089521275

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Europeanisation of Public Law by Jacobine Elisabeth Brink Pdf

The second edition of this textbook is a study about the relation between EU law and national public law. Familiar EU doctrines - on procedural autonomy, direct effect, consistent interpretation, ex officio application of European law, and state liability - are used as a starting point for examining the effects of these doctrines in the various Member States. Consideration is also given to important questions concerning the enforcement of EU law in the national legal order, the organization of the judiciary, and the influence of EU law on fundament principles of (public) law, such as legal certainty, non-discrimination, and proportionality. The book is particularly designed for advanced bachelors and masters courses on the relation between national law and EU law. Because of the many examples of national case law, the book will be most welcome to any practitioner dealing with European law in a national context. [Subject: European Law, Public Law]

Author : Cristina E. Parau
Publisher : British Academy Monographs
Page : 0 pages
File Size : 49,5 Mb
Release : 2018
Category : Law
ISBN : 0197266401

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Transnational Networking and Elite Self-empowerment by Cristina E. Parau Pdf

Judicial institutions in the new democracies established after the fall of communism in Central and Eastern Europe have become patterned on a transnational template that maximises judicial empowerment to the detriment of national parliaments. Through the influence of an elite, transnational community of interest, revisions to the judiciary have been implemented with little attention from politicians or the public. As a result, there has been a shift in the role of the judiciary from adjudication under the law towards improvising public policy. Transnational Networks and Elite Self-Empowerment is an inquiry into why and how this could have come about, and what the implications are for democracy. Cristina Parau explores the processes by which the elites have used transnational networks as a means of self-empowerment, and how they have been able to entrench their minority influence within the constitutions of their countries. Taking an inter-disciplinary approach, she builds a strong case through a deep analysis set against and supported by an extensive series of interviews with key political actors. This is a timely reminder of the need to pay attention to our democratic institutions and not to take for granted the foundations on which they are laid.

Author : Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow
Publisher : Springer Nature
Page : 415 pages
File Size : 41,5 Mb
Release : 2021-01-29
Category : Political Science
ISBN : 9783030536978

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Public Administration in Germany by Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow Pdf

This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.

Author : Tommaso Pavone
Publisher : Cambridge University Press
Page : 391 pages
File Size : 47,5 Mb
Release : 2022-04-07
Category : Law
ISBN : 9781316513910

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The Ghostwriters by Tommaso Pavone Pdf

The Ghostwriters unmasks how lawyers catalyse policy change across borders by encouraging deliberate law-breaking and mobilizing courts against their own governments.