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The Court of Justice of the European Union as an Institutional Actor
Thomas Horsley
其他書名
Judicial Lawmaking and its Limits
出版Cambridge University Press, 2018-07-19
主題Law / Civil ProcedureLaw / CourtsLaw / InternationalLaw / Judicial Power
ISBN11071240349781107124035
URLhttp://books.google.com.hk/books?id=5wlaDwAAQBAJ&hl=&source=gbs_api
EBookSAMPLE
註釋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.