Date: 2024
Type: Book
Revisiting judicial politics in the European Union
Cheltenham ; Northampton : Edward Elgar Publishing, 2024
DAWSON, Mark, DE WITTE, Bruno, MUIR, Elise (editor/s), DAWSON, Mark, DE WITTE, Bruno, MUIR, Elise, Revisiting judicial politics in the European Union, Cheltenham ; Northampton : Edward Elgar Publishing, 2024
- https://hdl.handle.net/1814/77394
Retrieved from Cadmus, EUI Research Repository
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
Table of Contents:
-- 1. Introduction: locating judicial politics -- 2. Revisiting Europe's 'law-politics imbalance' -- 3. Contesting EU law in identity terms -- 4. Beyond judicial activism: Europe's judicial narratives and the polity-cal role of the Court of Justice -- 5. The judicial politics of solidarity -- 6. Judicial politics in the EU rule of law crisis -- 7. The Court of Justice: a fundamental rights institution among others within the EU legal order -- 8. Unstable structures: the institutional balance and the European Court of Justice -- 9. Governing the internal market: from judicial politics to ordinary politics -- 10. When EU Courts meet science: judicial review of science-based measures post-Pfizer -- 11. 'Judicial passivism' in EU migration and asylum law revisited -- 12. The CJEU and climate (in)activism? -- 13. Judicial control of the politics of differentiated integration -- 14. The European Court of Justice, an able and unwilling lawmaker: evidence from 920 free movement of persons judgments -- 15. The activism of national constitutional courts in interpreting EU law -- 16. Comparing the activist claim between Strasbourg and Luxembourg in the field of non-discrimination -- 17. The role of judges in academic and political discourse
Additional information:
Published online: 12 March 2024
Cadmus permanent link: https://hdl.handle.net/1814/77394
Full-text via DOI: 10.4337/9781035313518
ISBN: 9781035313501; 9781035313518
Publisher: Edward Elgar Publishing
