Open Access
The Court of Justice in the archives project : analysis of the Meroni cases (9/56 and 10/56)
Loading...
Files
WP_AEL 2021_07.pdf (755.48 KB)
Full-text in Open Access
License
Attribution 4.0 International
Access Rights
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1831-4066
Issue Date
Type of Publication
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
EUI AEL; 2021/07
Cite
PATRIN, Maria, The Court of Justice in the archives project : analysis of the Meroni cases (9/56 and 10/56), EUI AEL, 2021/07 - https://hdl.handle.net/1814/71555
Abstract
This Working Paper is part of the CJEU in the Archives Project, aiming at uncovering the potential of the newly released archival sources of the CJEU through the analysis of the dossiers de procedure of selected cases. This case-study focuses on Meroni. It argues that the CJEU archival sources allow to better situate Meroni in the proper economic and social context and shed new light on the reasoning that led to the ruling. It disentangles the key role of actors, institutions and procedures in shaping the final judgment. The main findings show how the parties contributed to directing the focus of the Court towards the central issues of power delegation and judicial protection. They also highlight the own initiative of the Court in resorting to the principle of institutional balance. Ultimately the analysis points to the dynamic nature of the case, showing that the judgment resulted from the different contextual elements that emerged during the procedure.