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Revisiting Judicial Politics in the European Union
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
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Critical Acclaim
Contributors
Contents
More Information
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice.
This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions.
Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice.
This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions.
Critical Acclaim
‘This work by Dawson, De Witte and Muir is very welcome, and a “must-have” for students and scholars of EU law. Focusing on the perennially relevant theme of judicial politics, the volume features a stellar line-up of contributors addressing many different dimensions of judicial activism, and the engagement of judicial decision-making with politics in the European Union. The interaction with national courts and the ECHR also figure in several chapters, as do the topical issue areas of migration and asylum, free movement, discrimination, judicial independence, and scientific expertise.’
– Gráinne De Búrca, European University Institute, Italy and New York University, US
– Gráinne De Búrca, European University Institute, Italy and New York University, US
Contributors
Contributors include: Loïc Azoulai, Antoine Bailleux, Julio Baquero Cruz, Matteo Bonelli, Monica Claes, Mark Dawson, Bruno de Witte, Floris de Witte, Sacha Garben, Iris Goldner Lang, Silje Hermansen, Luca Knuth, Mathias Möschel, Elise Muir, Fulvia Ristuccia, Urška Šadl, Eleanor Spaventa, Ellen Vos, Mattias Wendel, Jan Zglinski
Contents
Contents:
1 Introduction: locating judicial politics 1
Mark Dawson, Bruno de Witte, and Elise Muir
2 Revisiting Europe’s ‘law–politics imbalance’ 17
Mark Dawson
3 Contesting EU law in identity terms 34
Loïc Azoulai
4 Beyond judicial activism: Europe’s judicial narratives and
the polity-cal role of the Court of Justice 49
Antoine Bailleux
5 The judicial politics of solidarity 77
Floris de Witte
6 Judicial politics in the EU rule of law crisis 100
Matteo Bonelli and Monica Claes
7 The Court of Justice: a fundamental rights institution
among others within the EU legal order 121
Elise Muir
8 Unstable structures: the institutional balance and the
European Court of Justice 142
Julio Baquero Cruz
9 Governing the internal market: from judicial politics to
ordinary politics 171
Jan Zglinski
10 When EU courts meet science: judicial review of
science-based measures post-Pfizer 191
Luca Knuth and Ellen Vos
11 ‘Judicial passivism’ in EU migration and asylum law revisited 229
Iris Goldner Lang
12 The CJEU and climate (in)activism? 247
Sacha Garben
13 Judicial control of the politics of differentiated integration 269
Bruno De Witte
14 The European Court of Justice, an able and unwilling
lawmaker: evidence from 920 Free Movement of Persons
judgments 282
Urška Šadl and Silje Hermansen
15 The activism of national constitutional courts in
interpreting EU law 305
Mattias Wendel
16 Comparing the activist claim between Strasbourg and
Luxembourg in the field of non-discrimination 334
Mathias Möschel
17 The role of judges in academic and political discourse 352
Fulvia Ristuccia and Eleanor Spaventa
1 Introduction: locating judicial politics 1
Mark Dawson, Bruno de Witte, and Elise Muir
2 Revisiting Europe’s ‘law–politics imbalance’ 17
Mark Dawson
3 Contesting EU law in identity terms 34
Loïc Azoulai
4 Beyond judicial activism: Europe’s judicial narratives and
the polity-cal role of the Court of Justice 49
Antoine Bailleux
5 The judicial politics of solidarity 77
Floris de Witte
6 Judicial politics in the EU rule of law crisis 100
Matteo Bonelli and Monica Claes
7 The Court of Justice: a fundamental rights institution
among others within the EU legal order 121
Elise Muir
8 Unstable structures: the institutional balance and the
European Court of Justice 142
Julio Baquero Cruz
9 Governing the internal market: from judicial politics to
ordinary politics 171
Jan Zglinski
10 When EU courts meet science: judicial review of
science-based measures post-Pfizer 191
Luca Knuth and Ellen Vos
11 ‘Judicial passivism’ in EU migration and asylum law revisited 229
Iris Goldner Lang
12 The CJEU and climate (in)activism? 247
Sacha Garben
13 Judicial control of the politics of differentiated integration 269
Bruno De Witte
14 The European Court of Justice, an able and unwilling
lawmaker: evidence from 920 Free Movement of Persons
judgments 282
Urška Šadl and Silje Hermansen
15 The activism of national constitutional courts in
interpreting EU law 305
Mattias Wendel
16 Comparing the activist claim between Strasbourg and
Luxembourg in the field of non-discrimination 334
Mathias Möschel
17 The role of judges in academic and political discourse 352
Fulvia Ristuccia and Eleanor Spaventa
