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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The European Court and Civil Society: Litigation, Mobilization and Governance

ISBN13: 9780521671811
Published: March 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £25.99

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The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s.

The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.

  • Contains empirical data over 33 years on ECJ litigation and decision-making and transnational NGO mobilization in the EU
  • Uses quantitative data and qualitative case analyses to explain how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s
  • Develops a general theory of governance linking courts and civil society interaction

1. Introduction: institutions, organizations and actors
2. Overview of institutionalization in the European Union
Part I. Institutionalization Through Litigation:
3. The ECJ and the expansion of gender equality rights
4. Environmental protection, non-compliance and judicial politics
Part II. Institutionalization Through Mobilization:
5. Women's rights activists: informal to formal organizing
6. Collective activism for the environment
7. Conclusion: litigation, mobilization and governance.