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The European Court and National Courts
Doctrine & Jurisprudence: Legal Change in its Social Context
The European Court and National Courts
Doctrine & Jurisprudence: Legal Change in its Social Context
Description
The essays comprising this volume are the outcome of a major and unique project which looks in detail at the application of EC law by national courts and the interaction of the demands of EC law with the constraints imposed by national legal orders and,especially, national constitutional orders. The volume comprises seven country studies which are shaped around a common research protocol. These are supplemented by three cross-cutting studies which draw on the country studies as well as on broader contextual research work aimed at trying to understand the role of the European Court of Justice in the round.
The results of this multi-national research are certain to provoke widespread interest among scholars of European law, international law and European politics, for they offer the first systematic and rigorous attempt to assess the impact of the ECJ among the leading member states of the European Union.
Table of Contents
1. Report on Belgium
HERVE BRIBOSIA
2. Report on France
JENS PLOTNER
3. Report on Germany
JULIANE KOKOTT
4.The Italian Constitutional Court and the Relationship Between the Italian Legal System and the European Union
MARTA CARTABIA
5.Report on Italy
P. RUGGERI LADERCHI
6.Report on the Netherlands
MONICA CLAES and BRUNO DE WITTE
7.Report on the United Kingdom
P. P. CRAIG
PART II: COMPARATIVE ANALYSES
8.Explaining National Court Acceptance of European Court Jurisprudence: a Critical Evaluation of Theories of Legal Integration
KAREN ALTER
9.The Role of National Courts in the Process of European Integration: Accounting for Judicial Preferences and Constraints
WALTER MATTLI AND ANNE-MARIE SLAUGHTER
10.Sovereignty and European Integration: the Weight of Legal Tradition
BRUNO DE WITTE
11.Constitutional Dialogues in the European Community
ALEC STONE SWEET
12.Constitutional or International? The Foundations of the Community Legal Order and the Question of Judicial Kompetenz-Kompetenz
J. H. H. WEILER AND ULRICH R. HALTERN
13.Epilogue: The European Courts of Justice: Beyond “Beyond Doctrine” or the Legitimacy Crisis of European Constitutionalism
J. H. H. WEILER
Product details
| Published | 01 Mar 1998 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Extent | 448 |
| ISBN | 9781847311511 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
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