TY  - BOOK
AU  - Horsley,Thomas
TI  - The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits 
T2  - Cambridge studies in European law and policy
SN  - 9781108683807
U1  - 347.2401 23
PY  - 2020///
CY  - Cambridge, United Kingdom, 
PB  - Cambridge University Press, 
KW  - Court of Justice of the European Union
KW  - Electronic books
N1  - 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
N2  - Uses the EU Treaty framework to (re)assess the legitimacy of the Court of Justice's institutional role in European integration
UR  - https://login.proxy.lib.duke.edu/login?url=https://doi.org/10.1017/9781316403792
ER  -