The Procedural and Organisational Law of the European Court of Justice
An Incomplete Transformation
$110.00 (F)
Part of Cambridge Studies in European Law and Policy
- Author: Christoph Krenn, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
- Date Published: September 2022
- availability: Available
- format: Hardback
- isbn: 9781009247948
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How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Read more- Develops a normative theory of court organisation and decision-making for the European Court of Justice, combining the theoretical work of Christoph Möllers, Niklas Luhmann and Jürgen Habermas
- Tells the story of the Court of Justice's rise to power from 'inside' the Court, describing how a reinvention of its organisation, procedures and decision-making have enabled its success in crafting a pro-integrationist case law and making EU law uniquely effective
- Makes detailed proposals how to enhance the Court of Justice's democratic character, discussing among others the role of amici curiae, case assignment or the interactions between judges and Advocates General
Reviews & endorsements
‘Krenn’s book stands as a precious compass. Not only does it offer a valuable conceptual framework to make sense of the Court’s changing roles and functions in the EU polity, but is also outlines a clear way forward, fit for the challenges ahead.’ Paul Dermine, European Constitutional Law Review
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×Product details
- Date Published: September 2022
- format: Hardback
- isbn: 9781009247948
- length: 202 pages
- dimensions: 237 x 160 x 11 mm
- weight: 0.45kg
- availability: Available
Table of Contents
1. Introduction
2. What courts do: a normative theory of court decision-making
3. On the template of the ICJ: the Court's liberal roots
4. Luhmann in Luxembourg: the rise of the rule of law model
5. Completing the transformation: proposals for democratising the ECJ
6. Conclusion.
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