Skip to content
Register Sign in Wishlist
Great Judgments of the European Court of Justice

Great Judgments of the European Court of Justice
Rethinking the Landmark Decisions of the Foundational Period

$88.00 ( ) USD

  • Date Published: June 2019
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108599481

$ 88.00 USD ( )
Adobe eBook Reader

You will be taken to ebooks.com for this purchase
Buy eBook Add to wishlist

Other available formats:
Hardback


Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact collegesales@cambridge.org providing details of the course you are teaching.

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • Great Judgments of the European Court of Justice presents a new approach to understanding the landmark decisions of the European Court of Justice in the 1960s and 1970s. By comparing the Court's doctrines to the enforcement and escape mechanisms employed by more common forms of trade treaty, it demonstrates how the individual rights created by the doctrine of direct effect were connected to the practical challenges of trade politics among the European states and, in particular, to the suppression of unilateral safeguard mechanisms and inter-state retaliation. Drawing on the writings and speeches of French Judge and President of the Court, Robert Lecourt, it demonstrates that one of the Court's most influential judges shared this understanding of the logic of direct effect. This book offers a distinctive interpretation of the Court of Justice's early years, as well as of the purpose of the fundamental principles of European law.

    • Offers a new perspective on the most famous judgments of the European Court of Justice
    • Demonstrates the special contribution of French Judge Robert Lecourt to the early European Court of Justice
    • Explains the major principles of European law through contrast with enforcement mechanisms in other trade treaty systems
    Read more

    Reviews & endorsements

    ‘This book adds something original and enriching to EU law: a new perspective on direct effect which is both persuasive and disruptive. Its core argument deserves to become part of the canon of the field, something that every scholar and teacher of the law must integrate into their thinking if they wish to understand why direct effect exists and what it means for the European Union. Phelan's explanation of how direct effect made possible the ending of inter-state retaliation, and thereby the construction of supranational integration as we now know it, is based on careful analysis of a series of key judgments and the judges who wrote them. The story he tells shines a light on direct effect which is every bit as illuminating as the stories about individual rights and effectiveness upon which lawyers have relied until now.' Gareth Davies, Vrije Universiteit Amsterdam

    ‘William Phelan's monograph presents crucial new thinking on the early jurisprudence of the European Court of Justice, contributing to a broader effort by historians, lawyers, and other social scientists to reconsider the foundations of the integration project. This book solidifies Phelan's leadership role in that critical project, providing an abundance of new insights into the Court's ‘great judgments' (while adding a few new judgments to the standard canon for good measure). This is first-rate and innovative scholarship that demands the attention of both specialists and students alike.' Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, and Director, International Programs, University of Connecticut

    ‘William Phelan tells a compelling and original story about how European legal doctrines were part of a grand plan of some of the Luxembourg judges, such as Robert Lecourt, against inter-state retaliation, self-help by Member States, and nationalist revivals. This book will be a basic reference point for future EU legal scholarship.' Fernanda G. Nicola, Director, International Organizations Law and Diplomacy, American University, Washington DC

    See more reviews

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: June 2019
    • format: Adobe eBook Reader
    • isbn: 9781108599481
    • contains: 1 table
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Introduction
    1. Pork products, 1961 – no unilateral safeguards
    2. Van Gend en Loos, 1963 – direct effect
    3. Costa v. ENEL, 1964 – supremacy
    4. Dairy products, 1964 – no inter-state retaliation
    5. International fruit, 1972 – no direct effect for the GATT
    6. Van Duyn, 1974 – direct effect of directives
    7. Simmenthal, 1978 – obligations of 'lower' national courts
    8. Sheep meat, 1979 – no inter-state retaliation revisited
    9. Internationale Handelsgesellschaft, 1970 – protection of fundamental rights
    10. States and individuals in the great judgments of the European Court of Justice, 1961–1979.

  • Author

    William Phelan, Trinity College Dublin
    William Phelan is Associate Professor and Jean Monnet Chair of Politics and Law at Trinity College Dublin. His previous book on the European Court of Justice, entitled In Place of Inter-state Retaliation (2015), was awarded the Brian Farrell Book Prize of the Political Studies Association of Ireland.

    Contributors

    N/A

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Join us online

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.

Cancel

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×