Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


European Court of Justice and External Relations: Constitutional Challenges

Edited by: Marise Cremona, Anne Thies

ISBN13: 9781509909902
Published: July 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £24.99
Hardback edition , ISBN13 9781849465045



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context.

To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts?

The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.

Subjects:
EU Law, Courts and Procedure
Contents:
1. Introduction Marise Cremona and Anne Thies

PART I THE CJEU'S ROLE IN THE DEVELOPMENT OF EXTERNAL RELATIONS LAW
2. A Reticent Court? Policy Objectives and the Court of Justice Marise Cremona
3. A Selfish Court? The Court of Justice and the Design of International Dispute Settlement beyond the European Union Bruno de Witte
4. A Powerless Court? The European Court of Justice and the Common Foreign and Security Policy Christophe Hillion

PART II JURISPRUDENCE AND THE ALLOCATION OF EXTERNAL COMPETENCE
5. Vertical Division of Competences and the Objectives of the European Union's External Action Eleftheria Neframi
6. The Case Law of the Court of Justice of the EU and the Allocation of External Relations Powers: Whither the Traditional Role of the Executive in EU Foreign Relations? Pieter Jan Kuijper
7. The Potential for Inter-Institutional Conflicts before the Court of Justice: Impact of the Lisbon Treaty Peter Van Elsuwege

PART III EXTERNAL RELATIONS, THE COURT AND THE UNION LEGAL ORDER
8. General Principles in the Development of EU External Relations Law Anne Thies
9. The Many Visions of Europe. Insights from the Reasoning of the European Court of Justice in External Relations Law Loic Azoulai
10. The Court of Justice's Participation in Judicial Discourse: Theory and Practice Christina Eckes

PART IV THE COURT AND THE INTERNATIONAL LEGAL SYSTEM
11. The Kadi Case-Constitutional Core Values and International Law-Finding the Balance? Juliane Kokott and Christoph Sobotta
12. The Arrangement Governing the Relationship between the ECtHR and the CJEU in the Draft Treaty on the Accession of the EU to the ECHR Joni Heliskoski
13. Worlds Apart? Comparing the Approaches of the European Court of Justice and the EU Legislature to International Law Jan Wouters, Jed Odermatt and Thomas Ramopoulos

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published November 2018
Hart Publishing
£40.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published June 2018
Hart Publishing
£80.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published June 2017
Hart Publishing
£90.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2017
Hart Publishing
£63.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
To be published April 2017
Hart Publishing
£60.00
EU Liability and International Economic Law ISBN 9781509901593
To be published March 2017
Hart Publishing
£60.00
The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
To be published December 2016
Hart Publishing
£23.99
£31.99
The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
Published June 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
Hart Publishing
£30.00
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
Hart Publishing
£60.00
£31.99
European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
Published May 2016
Hart Publishing
£55.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
Hart Publishing
£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
Hart Publishing
£55.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
Hart Publishing
£60.00
The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£68.00
Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
Hart Publishing
£50.00
Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£23.99
The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£48.00
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
Buy
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
Hart Publishing
£50.00
£65.00
£26.66 + £5.33 VAT
(ePub)
Buy
£26.66 + £5.33 VAT
(ePub)
Buy
£65.00
EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£25.00
£41.66 + £8.33 VAT
(ePub)
Buy
Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£55.00
Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£60.00
£49.99 + £10.00 VAT
(ePub)
Buy
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£75.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£60.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
Published June 2012
Hart Publishing
£19.99 + £4.00 VAT
(ePub)
Buy
Publication Abandoned