Judging Europe's Judges: The Legitimacy of the Case Law of the European Court of Justice

by Maurice Adams (Editor), Henri de Waele (Editor), Johan Meeusen (Editor), Gert Straetmans (Editor)

Overview

After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship.

Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.

Product Details

ISBN-13:	9781849463355
Publisher:	Bloomsbury Academic
Publication date:	10/16/2013
Pages:	272
Product dimensions:	6.14(w) x 9.21(h) x 0.62(d)

About the Author

Maurice Adams is Professor of General Jurisprudence and 'vfund' Professor of Democratic Governance and the Rule of Law at Tilburg University, and Visiting Professor at the Universities of Antwerp and Leuven.

Henri de Waele is Senior Lecturer in European Union Law at Radboud University Nijmegen and Guest Professor of European Institutional Law at the University of Antwerp.

Johan Meeusen is Vice-Rector and Professor of European Union Law and Private International Law at the University of Antwerp, and former holder of a Jean Monnet Chair ad personam.

Gert Straetmans is Professor of European Economic and Commercial Law at the University of Antwerp, and Visiting Professor at the Rheinische Friedrich-Wihelms-Universität Bonn.

Table of Contents

Preface v

About the Autors ix

Introduction: Judging Europe's Judges Maurice Adams Henri de Waele Johan Meeusen Gert Straetmans 1

1 The Court's Outer and Inner Selves: Exploring the External and Internal Legitimacy of the European Court of Justice Koen Lenaerts 13

2 Adjudication by Reference to General Principles of EU Law: A Second Look at the Mangold Case Law Ján Mazák Martin Moser 61

3 The Court's Case Law on the Internal Market: 'A Circumloquacious Statement of the Result, Rather than a Reason for Arriving at It'? Stephen Weatherill 87

4 The Legitimacy of Free Movement Case Law: Process and Substance Jukka Snell 109

5 The Bubble that Burst: Exploring the Legitimacy of the Case Law on the Free Movement of Union Citizens Michael Dougan 127

6 Towards 'Real' Citizenship? The Judicial Construction of Union Citizenship and its Limits Daniel Thym 155

7 Placing the European Union in International Context: Legitimacy of the Case Law Eileen Denza 175

8 Of Feasibility and Silent Elephants: The Legitimacy of the Court of Justice through the Eyes of National Courts Michal Bobek 197

Epilogue: Judging the Judges - Apology and Critique JHH Weiler 235

Index 255

Editorial Reviews

... a fascinating volume that addresses the legitimacy of the case law of the Court of Justice of the European Union. It would be of particular interest to those working on the 'hard cases' recently decided by the CJEU, but also more generally to anyone interested in European law.” —EUtopia Law Blog

“...I can only wholeheartedly recommend this book to anyone interested in EU law and the more philosophical or political questions of its legitimacy. Again, particularly in these times of euroscepticism and the tabloids' war on the EU, this book fills an important gap and might provide Europhiles with some excellent arguments for their next chat with the sceptics.” —European Law Blog

“In what way has the guiding role of the Court of Justice evolved in the European Union after the broadening of its eastern boundaries and the reforms brought about by the Lisbon Treaty? Has this guiding role been undermined? The nine studies published in this volume address this two-fold, ambitious question. (Translated from the original Italian.)” —Rivista Trimestrale di Diritto Pubblico 4/2014 (Oct-Dec)

From the Publisher