The Effectiveness of the European Court of Justice

Why Reluctant States Comply

Diana Panke, Bethan Hirst

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English

Manchester University Press
22 October 2010

Constitution: government & the state; International law

The effectiveness of international law depends upon the willingness of states to comply with its provisions. Despite the current move towards binding international law, every international organisation grapples with serious instances of non-compliance. As a reaction, numerous international courts and arbitration bodies have been strengthened in the last two decades. Unlike their domestic counterparts, international courts cannot rely on the monopoly of legitimate force as a last resort for restoring compliance. This raises the question under which conditions international courts are nevertheless able to promote compliance with international norms - even against the initial will of the affected states.

This book looks at the European Court of Justice (ECJ) as an example of a court, which can apply judicial discourses, judgments and sanction-threats to cases in which states are reluctant to comply. Overall, the ECJ is very successful in ending norm violations through its compliance-instruments. However, some cases require up to 17 years or even a threat with sanctions until the effectiveness of European law is restored, while others are settled somewhat faster via judgments, or very quickly through judicial discourses. The book shows that issue-specific variables, such as the nature of the issue, its interpretational scope, its fit to domestic ideas, influence whether one of the three compliance instruments successfully induces compliance - even against the strong initial will of member states. -- .

By: Diana Panke
Other: Bethan Hirst
Imprint: Manchester University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 23mm
Weight: 699g
ISBN: 9780719083068
ISBN 10: 0719083060
Pages: 256
Publication Date: 22 October 2010
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Diana Panke is Lecturer in Politics at University College Dublin -- .