The Court of Justice of the European Union as an Institutional Actor : Judicial Lawmaking and its Limits / Thomas Horsley.
Material type:
TextSeries: Cambridge studies in European law and policyPublication details: United Kingdom: Cambridge Univeristy Press, c 2020.Description: xxix, 296 p.: 23 cmISBN: - 9781108683807
- 1108683800
- 9781316403792
- 1316403793
- 347.2401 23 HOR-T 2020 305015
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Faculty of Law Library Book Cart | Book | 347.2401 HOR-T 2020 305015 (Browse shelf(Opens below)) | C 1 | Available | 305015 |
Cover; Half-title; Series information; Title page; Copyright information; Epigraph; Table of contents; Series Editors' Preface; Preface; Acknowledgements; Table of Cases; Introduction; I The Court of Justice and European Integration; I.1 The Court's Functions under the EU Treaty Framework; I.2 The Court of Justice as the 'Motor' of European Integration; I.3 A Blind Spot Overlooked; I.4 A Fundamental Omission in Existing Legal Analyses of the Court; II The Treaty Framework as Constitutional Touchstone; II. 1 The EU Treaties as Constitutional Touchstones
II. 2 The Treaty Framework and the Three Key Issues for EU ConstitutionalismII. 3 Limits to the EU Treaty Framework as Constitutional Touchstone; III The Court of Justice Versus the EU Treaty Framework; III. 1 The Court of Justice and the Formal Status of Union Law and the Conditions under Which it Applies within Member States; III. 2 The Court of Justice and the Locus of Political Authority within the EU Legal Order; III. 3 The Court of Justice and the Objectives, Values and Limits of EU Integration; IV Three Contemporary Problems for EU Judicial Lawmaking, Four Reform Proposals; Outline
1 The EU Treaty Framework as Constitutional TouchstoneIntroduction; 1 The Treaty Framework and Internal Constitutionality; 1.1 The Foundations of the Treaty Framework as Constitutional Touchstone; 1.2 The EU Treaty Framework's Scope of Application as Constitutional Touchstone; 1.3 The Normative Power of the EU Treaty Framework as Constitutional Touchstone; 2 The EU Treaties and the Three Issues for EU Constitutionalism; 2.1 Constitutional Issue No. 1: What Is the Formal Status of Union Law under the Treaties and under What Conditions Does It Apply within Member States?
2.1.1 The Formal Status of Union Law2.1.2 The Domestic Application of EU Law; 2.2 Constitutional Issue No. 2: The Locus of EU Political Authority within the EU Legal Order; 2.2.1 Constituent Authority; 2.2.2 Political Authority for Union Policymaking; 2.3 Constitutional Issue No. 3: The Objectives, Values and Limits of EU Integration; 2.3.1 The Objectives of European Integration; 2.3.2 The Values of European Integration; 2.3.3 The Limits on European Integration; Concluding Remarks; 2 The EU Treaty Framework and the Constitutional Context of European Integration; Introduction
1 The Space between: The EU Treaties and the Constitutional Context of EU Integration2 Constitutional Supplementation; 2.1 Inter-Institutional Agreements; 2.2 Comitology; 2.3 The Court's Jurisprudence on 'General Principles'; 3 Constitutional Contestation; 3.1 The Luxembourg Compromise (1966); 3.2 The Establishment of the European Council (1974); 3.3 The Decision on the New Settlement for the UK within the EU (2016); 4 Constitutional Supplementation, Constitutional Contestation and the Dynamics of EU Treaty Reform; 4.1 Normalisation through Treaty Amendment
multi-users or unlimited users
Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration.