BOOK
The Court of Justice of the European Union and the Politics of Law
Sabine Saurugger | Fabien Terpan
(2017)
Additional Information
Book Details
Abstract
The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is a key actor to understand in world affairs. Yet it is not without controversy. As both an interpreter of law and as a political power influencing policy-making through its bold case law, it has become increasingly criticized in recent years for its perceived activism and distance from the European people.
Combining the perspectives of a legal scholar and a political scientist, this important new text gives a uniquely broad-ranging account of the CJEU. It introduces readers to the role and function of the Court and explains how it fits into the broader political system and historical evolution of the European Union. It examines the constitutional contributions made by the Court and the part it plays in policy-making, in areas such as the environment, gender equality and human rights. Drawing on the latest research, the book takes full account of recent changes to the place of the Court in the European political system, and shows how new forms of governance, such as the open method of coordination, have had a significant impact on the role the Court is able to play.
Sabine Saurugger is Professor of Political Science and Research Dean at Sciences Po Grenoble, France.
Fabien Terpan holds a Jean Monnet Chair and is Associate Professor of Public Law at Sciences po Grenoble, France.
‘This admirably clear and readable book summarizes an enormous amount of political science and legal scholarship to give a uniquely interdisciplinary picture of the Court. A valuable resource and a refreshing read.’ – Gareth Davies, Vrije Universiteit Amsterdam, The Netherlands
‘A must read for scholars trying to understand and explain the CJEU’s role and impact on European integration. Saurugger and Terpan convincingly demonstrate that the Court is a strategic actor whose power and influence can only be understood by placing it in its broader legal and political environment.’ Dorte Sindbjerg Martinsen, University of Copenhagen, Denmark
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Contents | v | ||
| List of Boxes, Figures and Tables | vii | ||
| List of Cases | viii | ||
| List of Abbreviations | xiii | ||
| Acknowledgements | xv | ||
| Chapter 1 Introduction | 1 | ||
| Chapter 2 The Court in the History of the European Union | 10 | ||
| The Court’s incremental search for a role (1952–58) | 11 | ||
| From Rome to Maastricht: activism at the Court (1958–93) | 19 | ||
| Retreat from activism? (1992–) | 34 | ||
| Conclusion | 41 | ||
| Chapter 3 The Membership and Organization of the Court | 43 | ||
| The members of the Court | 45 | ||
| Who are the judges and advocates-general? | 55 | ||
| The organization of the Court | 62 | ||
| Conclusion | 71 | ||
| Chapter 4 The Role of the Court in the EU Political System | 73 | ||
| The judicial powers of the Court | 73 | ||
| The judicial powers of the Court in its political context | 94 | ||
| Conclusion | 105 | ||
| Chapter 5 The Court, EU Law and the Member States | 106 | ||
| Conflicts between national high courts and the CJEU | 107 | ||
| Institutional and legal factors explaining compliance | 117 | ||
| Networking hypotheses | 127 | ||
| Exchange programmes between the CJEU and national judges | 132 | ||
| Conclusion | 133 | ||
| Chapter 6 The Court and Interest Groups | 135 | ||
| Incentives to litigate | 137 | ||
| Interest groups and their resources in litigation cases | 144 | ||
| Litigation strategies | 148 | ||
| The Court, interest groups and the politics of law in the European Union | 154 | ||
| Conclusion | 157 | ||
| Chapter 7 The Constitutional Role of the Court | 158 | ||
| Legal methods of the Court: treaties as a constitutional integrative system | 160 | ||
| The doctrines of direct effect and primacy | 163 | ||
| Horizontal and vertical separation of powers | 170 | ||
| The Court and the protection of human rights | 174 | ||
| The autonomy of the European legal order | 176 | ||
| Conclusion | 178 | ||
| Chapter 8 The Court in Policy-Making | 180 | ||
| Areas of policy-making | 181 | ||
| Functions of policy-making | 200 | ||
| Conclusion | 206 | ||
| Chapter 9 Conclusion | 208 | ||
| Is judicial integration still the basis of European integration? | 208 | ||
| Combining law and politics to better understand the CJEU | 209 | ||
| What do we understand by ‘integration through law’? | 209 | ||
| The EU and its Court: establishing stateness? | 211 | ||
| Continued judicialization | 213 | ||
| Strategic constructivism, the CJEU and the judicial integration of the EU’s political system | 216 | ||
| Bibliography | 221 | ||
| Index | 253 |