Judiciary, the Legislature and the EU Internal Market (eBook, PDF)

Redaktion: Syrpis, Philip

• Format: PDF

Produktbeschreibung

By tracing the way in which the CJEU and national courts react to legislation and Treaty reform, and the way in which the Member States, Commission and other actors in the legislative process react to judicial interventions, this collection of essays explores the nature of the dynamic relationship between courts and legislatures within the EU. It is clear that the boundaries between the legal and political realms are contested and that the judiciary and the legislature are engaged in a struggle, not so much about the substantive contours of the internal market project, but rather about their relative institutional positions. The contributors consider all aspects of the internal market project, from goods to capital and citizenship, examining areas where there has been significant Treaty change as well as those in which the Treaty framework has remained substantially unaltered.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 3. Mai 2012
• Englisch
• ISBN-13: 9781139415521
• Artikelnr.: 38280098

Inhaltsangabe

Part I: 1. Theorising the relationship between the judiciary and the
legislature in the EU internal market Phil Syrpis; 2. A competence to
protect: the pursuit of non-market aims through internal market legislation
Bruno de Witte; Part II: 3. Free movement of goods and EU legislation in
the Court of Justice Laurence Gormley; 4. Minimum harmonisation, free
movement and proportionality Nina Boeger; 5. Legislatures, courts and the
Unfair Terms Directive Gert Straetmans and Caroline Cauffman; 6. The Unfair
Commercial Practices Directive: a successful example of legislative
harmonisation? Amandine Garde; 7. The EU media market and the interplay
between the legislature and the judiciary Dimitrios Doukas; 8. The EU
social security coordination system: a close interplay between the EU
legislature and judiciary Herwig Verschueren; 9. Internal market
architecture and the accommodation of labour rights: as good as it gets?
Claire Kilpatrick; Part III: 10. The interactions between the legislature
and the judiciary in EU external relations Geert de Baere and Panos
Koutrakos; 11. Changing Treaty and changing economic context: the dynamic
relationship of the legislature and the judiciary in the pursuit of capital
liberalisation Ryan Murphy; 12. The judiciary, the legislature and the
evolution of Union citizenship Ferdinand Wollenschläger; 13. The third age
of EU citizenship: Directive 2004/38 in the case law of the Court of
Justice Niamh Nic Shuibhne.