Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The EU Treaties bind the Court of Justice of the European Union as an institution of the Union. But what does that mean for judicial lawmaking within the EU legal order? And how might any limits set out in the EU Treaties be effectively applied to the Court of Justice as lawmaker? This book interrogates these fundamental and underexplored questions at a critical juncture in European integration. It argues that the EU Treaties should be considered to function as the principal touchstones for assessing the internal constitutionality, and hence legitimacy, of all Union institutional activity - including the work of the Court. It then examines how far the Court of Justice complies with the EU Treaty framework in the exercise of its interpretative functions. The results of that analysis are striking and offer scholars powerful new insights into the nature and limits of the Court's role within the EU legal order.Advances existing theories on judicial lawmaking and its limits in EU scholarship on the Court of JusticeLinks EU judicial lawmaking with contemporary concerns regarding the limits of Union competencies and the democratic deficit in European integrationDraws examples from across the full spectrum of EU activity to animate the core argument, including free movement law, EU citizenship, air transport, and economic and monetary policy

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 --- CJUE --- Court of Justice of the European Communities --- Court of Justice of the European Union --- European Union. Court of Justice of the European Union --- Tribunal de Justicia de la Unión Europea --- Hof van Justitie van de Europese Unie

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Civil rights --- Human rights --- Court of Justice of the European Union. --- European Union. Court of Justice of the 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 --- CJUE --- Tribunal de Justicia de la Unión Europea --- Court of Justice of the European Communities --- Hof van Justitie van de Europese Unie

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This title focuses specifically on the role, action, and legacy of the Court of Justice of the European Union (CJEU) in the field of copyright, also by providing an exclusive survey that covers two decades (1998 - 2018) of CJEU decisions in this area of the law.0The main objective of this work is providing readers with a sense of direction of EU copyright case law. In order to achieve this, an attempt of 'tidying up' and rationalizing existing rulings is carried out. 0The book consists of three parts. 0The first part explores the role of the CJEU in copyright cases. Besides outlining the history of EU copyright harmonization and providing statistical data concerning the Court's activity, it extracts the key standards employed in copyright case law, explains their meaning and significance, and carries out a novel statistical analysis aimed at mapping relations between the various standards. 0Following a discussion of the impact of CJEU interpretation of certain EU copyright provisions (notably their preemptive force on individual EU Member States' freedom), the second part is concerned with CJEU action (and vision) in respect of three key areas of copyright: the construction of economic rights; exceptions and limitations; and enforcement. 0The final part focuses on CJEU legacy broadly intended. It tackles two distinct perspectives, these being the effect on national copyright laws and the current policy discourse around EU copyright reform. As regards the former, the book discusses the default consequences of the departure of a certain Member State from the EU. In relation to the latter, attention is focused on a number of selected areas, which require to be considered in light, not just of existing legislation, but also - and perhaps most importantly - existing case law.

Copyright --- Court of Justice of the European Union. --- 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 --- CJUE --- Court of Justice of the European Communities --- European Union. Court of Justice of the European Union --- Tribunal de Justicia de la Unión Europea --- Hof van Justitie van de Europese Unie --- Copyright - European Union countries --- Droit d'auteur -- Pays de l'Union européenne

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to createa body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has

Freedom of movement --- Free trade --- Trade regulation --- Judge-made law --- Court of Justice of the European Union. --- Case law --- Judicial law --- Judicial legislation --- Law, Judge-made --- Common law --- Judicial power --- Judicial process --- Lacunae in law --- Law --- Legislation --- Legislative power --- Interpretation and construction --- 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 --- CJUE --- Court of Justice of the European Communities --- European Union. Court of Justice of the European Union --- Tribunal de Justicia de la Unión Europea --- Hof van Justitie van de Europese Unie

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

"[This book] presents a new approach to understanding the landmark decisions of the European Court of Justice in the 1960s and 1970s. By comparing the Court's doctrines to the enforcement and escape mechanisms employed by more common forms of trade treaty, it demonstrates how the individual rights created by the doctrine of direct effect were connected to the practical challenges of trade politics among the European states and, in particular, to the suppression of unilateral safeguard mechanisms and inter-state retaliation. Drawing on the writings and speeches of French Judge and President of the Court, Robert Lecourt, it demonstrates that one of the Court's most influential judges shared this understanding of the logic of direct effect. This book offers a distinctive interpretation of the Court of Justice's early years, as well as of the purpose of the fundamental principles of European law."

Law --- Court of Justice of the European Union --- Law - European Union countries - Cases --- Cases. --- Court of Justice of the European Union. --- European Union. Court of Justice of the 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 --- CJUE --- Tribunal de Justicia de la Unión Europea --- Hof van Justitie van de Europese Unie --- Court of Justice of the European Communities