The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits...

— —

Thomas Horsley (University of Liverpool)

The Court of Justice of the European Union as an Institutional Actor

Judicial Lawmaking and its Limits

Thomas Horsley (University of Liverpool)

$49.95

Paperback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Cambridge University Press
27 February 2019

Courts & procedure; Judicial review

Series: Cambridge Studies in European Law and Policy

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.

By: Thomas Horsley (University of Liverpool)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 230mm, Width: 152mm, Spine: 17mm
Weight: 450g
ISBN: 9781107561137
ISBN 10: 1107561132
Series: Cambridge Studies in European Law and Policy
Pages: 326
Publication Date: 27 February 2019
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction; 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.

Thomas Horsley is Senior Lecturer at Liverpool Law School, University of Liverpool. He specialises in EU constitutional law, with a particular focus on the Court of Justice. He has published widely in leading international journals and edited collections on EU law and European integration. Thomas has also given evidence to the House of Lords EU Select Committee, acted as UK Rapporteur at the 2014 FIDE Congress and authored the annual legal developments contribution for the Journal of Common Market Studies (2014–16). He completed his Ph.D. at the University of Edinburgh (2009–11), funded by the UK Arts and Humanities Research Council.

Reviews for The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits

'What Horsley offers … is not simply a critique of the role of the CJEU. He also examines the elementary questions that underlie the Union's legal architecture … and offers answers to these questions on the basis of the Treaty that at times differ quite radically from those suggested by the CJEU. In doing so, he rethinks some of the basic assumptions underlying integration studies, and adds a rich layer to the debate on aspects as disparate as citizenship law, national identity, and the Euro-crisis.' Floris de Witte, European Law Blog