Download Free Europeanization Of Judicial Review Book in PDF and EPUB Free Download. You can read online Europeanization Of Judicial Review and write the review.

"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
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.
The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.
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.
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.
Does the European Union change the domestic politics and institutions of its member states? Many studies of EU decisionmaking in Brussels pay little attention to the potential domestic impact of European integration. Transforming Europe traces the effects of Europeanization on the EU member states. The various chapters, based on cutting-edge research, examine the impact of the EU on national court systems, territorial politics, societal networks, public discourse, identity, and citizenship norms.The European Union, the authors find, does indeed make a difference—even in Germany, France, and the United Kingdom. In many cases EU rules and regulations incompatible with domestic institutions have created pressure for national governments to adapt. This volume examines the conditions under which this "adaptational pressure" has led to institutional change in the member states.
The year 2017 has been an uneasy one for the EU, with so-called Brexit on the horizon and the rise of populist euroskepticism in a number of Member States. This year, with the tenth anniversary of the Romanian and Bulgarian accession to the Union, is a good year to pause and reflect over the life and future of the Union. In this work, we envision the next decade with Europe 2020 strategy and review the fruits of the 2004 accession in Central and Eastern Europe. What has the Union achieved? Which policy areas are likely to change and how? How successful, and by what measure, has the accession of the 10 Member States in 2004 been? Reviewing European Union Accession addresses a wide range of issues, deliberately without any thematic constraints, in order to explore EU enlargement from a variety of perspectives, both scientific and geographical, internal and external. In contrast to the major works in this field, we highlight the interrelated, and often unexpected, nature of the integration process – hence the subtitle, unexpected results, spillover effects and externalities.
The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.