TY  - BOOK
AU  - Krenn,Christoph
TI  - The procedural and organisational law of the European Court of Justice: an incomplete transformation 
T2  - Cambridge studies in European law and policy
SN  - 9781009247924 (ebook)
AV  - KJE5461 .K74 2022
U1  - 341.242/2 23/eng/20220831
PY  - 2022///
CY  - Cambridge, United Kingdom ; New York, NY
PB  - Cambridge University Press
KW  - Court of Justice of the European Communities
KW  - Courts of last resort
KW  - European Union countries
N1  - 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
N2  - 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
UR  - https://doi.org/10.1017/9781009247924
ER  -