The European Court of JusticeGráinne De Búrca, Joseph Weiler Oxford University Press, 2001 - 233 pagina's This collection of essays aims to look afresh at an institution which, although already the subject of numerous academic analyses and extensive legal research, remains of central importance to all who are interested in the development of European Union law and policy. Various contributions seek to develop particular avenues of analysis which, despite the significant increase in the range and volume of literature on the Court of Justice, have not yet been very fully explored. They include a legal-philosophical account of the ECJ's reasoning, a sociological analysis of patterns of litigation before the Court, and an investigation of the impact and presence of gender in the Court's work and on its institutional position. Other contributions look anew at the more topical and sometimes controversial subject of the relationship between national courts and the Court of Justice, both under the preliminary reference procedure and in other contexts, and a final essay considers the likely effect on the Court of Justice and the Court of First Instance of the reforms to the judicial structure proposed during the Nice Intergovernmental Conference. |
Inhoudsopgave
Mobilizing the European Court of Justice | 13 |
The ECJ as a Regulatory Complaint Board | 21 |
VI | 28 |
Integration and Integrity in the Legal Reasoning of the European | 43 |
Gender and the Court of Justice | 87 |
V | 93 |
Interpreting the Court of Justice | 118 |
Interrogating the Court of Justice | 136 |
Conclusions | 142 |
Veelvoorkomende woorden en zinsdelen
analysis appeal application areas arguments arrears limit Article 173 Article 234 Búrca caseload challenge claim coherence Commission Community courts Community law concerned Constitutional Court context Council Court of Justice decided decision direct actions discrimination doctrine Dué Report EC law EC Treaty ECJ's Emmott employment equal pay equal treatment European Community European Court European Law European Parliament European Union ex Art Factortame feminist Foglia free movement gender equality Greenpeace Ibid important Instance institutions integration International interpretation IRLR issue judgment judicial architecture judicial system jurisdiction justified legal order legal reasoning legal system Levez litigation Magorrian matter measure Member national courts national law national procedural autonomy Nice Treaty non-discrimination norms parties political possible preliminary reference preliminary rulings principle proposal provisions question reference procedure reform relevant remedies require role sex equality law social security tion Treaty of Amsterdam tribunal UK courts validity women
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