The Court of Justice of the European Union as an Institutional Actor
Judicial Lawmaking and its Limits
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- Author: Thomas Horsley, University of Liverpool
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The EU Treaties bind the Court of Justice of the European Union as an institution of the Union. But what does that mean for judicial lawmaking within the EU legal order? And how might any limits set out in the EU Treaties be effectively applied to the Court of Justice as lawmaker? This book interrogates these fundamental and underexplored questions at a critical juncture in European integration. It argues that the EU Treaties should be considered to function as the principal touchstones for assessing the internal constitutionality, and hence legitimacy, of all Union institutional activity - including the work of the Court. It then examines how far the Court of Justice complies with the EU Treaty framework in the exercise of its interpretative functions. The results of that analysis are striking and offer scholars powerful new insights into the nature and limits of the Court's role within the EU legal order.Read more
- Advances existing theories on judicial lawmaking and its limits in EU scholarship on the Court of Justice
- Links EU judicial lawmaking with contemporary concerns regarding the limits of Union competencies and the democratic deficit in European integration
- Draws examples from across the full spectrum of EU activity to animate the core argument, including free movement law, EU citizenship, air transport, and economic and monetary policy
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- Date Published: June 2018
- format: Adobe eBook Reader
- isbn: 9781108683807
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
1. The EU Treaty framework as constitutional touchstone
2. The EU Treaty framework and the constitutional context of European integration
3. The Court of Justice, the Treaty framework, and constitutional issue No. 1
4. The Court of Justice, the Treaty framework and constitutional issue No. 2
5. The Court of Justice, The Treaty framework and constitutional issue No. 3
6. The feedback loop: the Court of Justice and its interlocutors
7. Conclusion: three contemporary problems, four reform proposals.
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