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This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors from access rules to institutional design and to substantive functions influencing the European Courts political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities and corresponding responsibilities that the Courts case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
Political questions and judicial power --- Court of Justice of the European Union --- Court of Justice of the European Communities. --- Criminal law. Criminal procedure --- European law --- Political sociology --- European Union --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Judicial activism --- Judicial power and political questions --- Political aspects --- Court of Justice of the European Union. --- European Union. --- CJEU --- Gerichtshof der Europäischen Union --- Cour de justice de l'Union européenne --- Curia (Court of Justice of the European Union) --- Európai Unió Bírósága --- Trybunał Sprawiedliwości Unii Europejskiej --- Court of Justice of the European Communities --- Politique et pouvoir judiciaire --- CJUE --- European Union. Court of Justice of the European Union --- Tribunal de Justicia de la Unión Europea --- Political questions and judicial power - European Union countries --- Union européenne. Cour de justice --- Contrôle juridictionnel de l'administration - Europe --- Politique et pouvoir judiciaire - Europe --- Hof van Justitie van de Europese Unie
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This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors - from access rules to institutional design and to substantive functions - influencing the European Court's political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, a
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