NLU Meghalaya Library

Online Public Access Catalogue (OPAC)

Amazon cover image
Image from Amazon.com

The procedural and organisational law of the European Court of Justice : an incomplete transformation / Christoph Krenn, Max Planck Institute for Comparative Public Law and International Law, Heidelberg.

By: Material type: TextSeries: Cambridge studies in European law and policyPublisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022Description: 1 online resource (xxi, 179 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781009247924 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 341.242/2 23/eng/20220831
LOC classification:
  • KJE5461 .K74 2022
Online resources:
Contents:
Introduction -- What courts do : a normative theory of court decision-making -- On the template of the ICJ : the court's liberal roots -- Luhmann in Luxembourg : the rise of the rule of law model -- Completing the transformation : proposals for democratising the ECJ -- Conclusion.
Summary: How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Tags from this library: No tags from this library for this title. Log in to add tags.
Star ratings
    Average rating: 0.0 (0 votes)
No physical items for this record

Title from publisher's bibliographic system (viewed on 15 Sep 2022).

Introduction -- What courts do : a normative theory of court decision-making -- On the template of the ICJ : the court's liberal roots -- Luhmann in Luxembourg : the rise of the rule of law model -- Completing the transformation : proposals for democratising the ECJ -- Conclusion.

How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

There are no comments on this title.

to post a comment.