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Book
The transformation or reconstitution of Europe : the critical legal studies perspective on the role of the courts in the European Union
Authors: ---
ISBN: 1509907289 1509907270 1509907262 1509907254 9781509907250 9781509907250 9781509907274 1509907254 Year: 2018 Publisher: Oxdord [UK] ; Portland, Oregon : Hart Publishing,

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Abstract

"It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration."--Bloomsbury Publishing.


Digital
Judicial Application of International Law in Southeast Europe
Authors: ---
ISBN: 9783662463840 9783662463833 9783662463857 9783662511374 Year: 2015 Publisher: Berlin, Heidelberg Springer

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This edited volume presents comparative research on how the courts in Southeast Europe apply international law. After the introductory Part I, Part II discusses specific areas of international law, notably the law of Association Agreements between the EU and third countries, the law of the World Trade Organization, and international environmental law (the Aarhus Convention). Part III consists of country reports on how national courts in Albania, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia and Slovenia are currently applying international law.

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