Judicial Authority in EU Internal Market Law: Implications for the Balance of Competences and Powers

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Vilija Velyvyte (University of Reading, UK)

Judicial Authority in EU Internal Market Law

Implications for the Balance of Competences and Powers

Vilija Velyvyte (University of Reading, UK)

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English

Hart Publishing
30 May 2024

Constitutional & administrative law

Series: Modern Studies in European Law

This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court’s role in enforcing the limits of EU competence in the EU’s political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court’s observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU’s relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary.

Shortlisted for the UACES Best Book Prize 2023

By: Vilija Velyvyte (University of Reading UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509964161
ISBN 10: 1509964169
Series: Modern Studies in European Law
Pages: 312
Publication Date: 30 May 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Vilija Velyvyte is British Academy Postdoctoral Fellow at the Law Faculty of the University of Oxford, UK.

Reviews for Judicial Authority in EU Internal Market Law: Implications for the Balance of Competences and Powers

[A]n enjoyable read, written with great clarity, and with multiple cross-references and periodic summaries, which bring all elements of the analysis together and facilitate an understanding of the issues at stake. Representing an intellectually stimulating analysis of judicial authority, it should spark the curiosity of EU legal scholars and practitioners alike. * European Law Review *