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The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits

Thomas Horsley

ISBN13: 9781107124035
Published: July 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £105.00



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Also available as
eBook (ePub)
9781108658324
out of print
£32.00

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.

Subjects:
EU Law
Contents:
Introduction
1. The EU Treaty framework as constitutional touchstone
2. The EU Treaty framework and the constitutional context of European integration
3. The Court of Justice, the Treaty framework, and constitutional issue No.
1
4. The Court of Justice, the Treaty framework and constitutional issue No.
2
5. The Court of Justice, The Treaty framework and constitutional issue No.
3
6. The feedback loop: the Court of Justice and its interlocutors
7. Conclusion: three contemporary problems, four reform proposals.

Series: Cambridge Studies in European Law and Policy

The Reflective Choice Theory of Consumer Law
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ISBN 9781009649179
To be published December 2026
Cambridge University Press
£38.00
Cover of Governance by Emulation: The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability
Governance by Emulation: The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability
Moritz A. Schramm
ISBN 9781009639774
To be published August 2026
Cambridge University Press
£42.00
Cover of Governance by Emulation: The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability
Governance by Emulation: The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability
Moritz A. Schramm
ISBN 9781009639781
To be published August 2026
Cambridge University Press
£115.00
Cover of Market Regulation and Private Law: The Quest for Reconciliation in European Private Law
Market Regulation and Private Law: The Quest for Reconciliation in European Private Law
Olha O. Cherednychenko
ISBN 9781009526609
Published March 2026
Cambridge University Press
£105.00
Cover of Market Regulation and Private Law: The Quest for Reconciliation in European Private Law (eBook)
Market Regulation and Private Law: The Quest for Reconciliation in European Private Law (eBook)
Olha O. Cherednychenko
ISBN 9781009526630
Published March 2026
Cambridge University Press
£105.00

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Cover of Sustainability and EU Migration Law: Tracing the History of a Contemporary Concept
Sustainability and EU Migration Law: Tracing the History of a Contemporary Concept
Alezini Loxa
ISBN 9781009573146
Published May 2025
Cambridge University Press
£100.00
Cover of Sustainability and EU Migration Law: Tracing the History of a Contemporary Concept (eBook)
Sustainability and EU Migration Law: Tracing the History of a Contemporary Concept (eBook)
Alezini Loxa
ISBN 9781009573108
Published May 2025
Cambridge University Press
£100.00

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Cover of Trilogues: The Democratic Secret of European Legislation
Trilogues: The Democratic Secret of European Legislation
Giacomo Rugge
ISBN 9781009445207
Published January 2025
Cambridge University Press
£95.00
Cover of Trilogues: The Democratic Secret of European Legislation (eBook)
Trilogues: The Democratic Secret of European Legislation (eBook)
Giacomo Rugge
ISBN 9781009445214
Published January 2025
Cambridge University Press
£95.00

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Cover of Open Strategic Autonomy in EU Trade Policy: Assessing the Turn to Stronger Enforcement and More Robust Interest Representation (eBook)
Open Strategic Autonomy in EU Trade Policy: Assessing the Turn to Stronger Enforcement and More Robust Interest Representation eu (eBook)
Wolfgang Weiß, Cornelia Furculita
ISBN 9781009196604
Published December 2024
Cambridge University Press
£125.00

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Cover of Open Strategic Autonomy in EU Trade Policy: Assessing the Turn to Stronger Enforcement and More Robust Interest Representation
Open Strategic Autonomy in EU Trade Policy: Assessing the Turn to Stronger Enforcement and More Robust Interest Representation eu
Wolfgang Weiß, Cornelia Furculita
ISBN 9781009196536
Published December 2024
Cambridge University Press
£125.00
Cover of Reimagining Prosperity: Toward a New Imaginary of Law and Political Economy in the EU
Reimagining Prosperity: Toward a New Imaginary of Law and Political Economy in the EU
Marija Bartl
ISBN 9781009236171
Published November 2024
Cambridge University Press
£26.99
Cover of The European Union, Emerging Global Business and Human Rights
The European Union, Emerging Global Business and Human Rights
Aleydis Nissen
ISBN 9781009284301
Published November 2022
Cambridge University Press
£92.00
Cover of The European Union, Emerging Global Business and Human Rights (eBook)
The European Union, Emerging Global Business and Human Rights (eBook)
Aleydis Nissen
ISBN 9781009284288
Published November 2022
Cambridge University Press
Out of print
Cover of The European Central Bank and the European Macroeconomic Constitution
The European Central Bank and the European Macroeconomic Constitution
Klaus Tuori
ISBN 9781108488747
Published September 2022
Cambridge University Press
£92.00
Cover of The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation (eBook)
The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation (eBook)
Christopher Krenn
ISBN 9781009247955
Published September 2022
Cambridge University Press
£92.00

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Cover of The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation
The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation
Christopher Krenn
ISBN 9781009247948
Published September 2022
Cambridge University Press
£92.00
Cover of The European Central Bank and the European Macroeconomic Constitution (eBook)
The European Central Bank and the European Macroeconomic Constitution (eBook)
Klaus Tuori
ISBN 9781108804004
Published September 2022
Cambridge University Press
£92.00

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Cover of The New Economic Governance of the Eurozone: A Rule of Law Analysis
The New Economic Governance of the Eurozone: A Rule of Law Analysis
Paul Dermnine
ISBN 9781009216616
Published July 2022
Cambridge University Press
£104.00
Cover of The New Economic Governance of the Eurozone: A Rule of Law Analysis (eBook)
The New Economic Governance of the Eurozone: A Rule of Law Analysis (eBook)
Paul Dermnine
ISBN 9781009216593
Published July 2022
Cambridge University Press
£104.00

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Cover of Digital Constitutionalism in Europe: Reframing Rights and Powers in the Algorithmic Society
Digital Constitutionalism in Europe: Reframing Rights and Powers in the Algorithmic Society
Giovanni De Gregorio
ISBN 9781316512777
Published May 2022
Cambridge University Press
£104.00
Cover of Digital Constitutionalism in Europe: Reframing Rights and Powers in the Algorithmic Society (eBook)
Digital Constitutionalism in Europe: Reframing Rights and Powers in the Algorithmic Society (eBook)
Giovanni De Gregorio
ISBN 9781009080712
Published May 2022
Cambridge University Press
£31.00

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Cover of The Constitutional Boundaries of European Fiscal Federalism (eBook)
The Constitutional Boundaries of European Fiscal Federalism (eBook)
Brady Gordon
ISBN 9781108904902
Published April 2022
Cambridge University Press
£127.00

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Cover of The Constitutional Boundaries of European Fiscal Federalism
The Constitutional Boundaries of European Fiscal Federalism
Brady Gordon
ISBN 9781108830096
Published April 2022
Cambridge University Press
£127.00
Cover of Fissures in EU Citizenship: The Deconstruction and Reconstruction of the Legal Evolution of EU Citizenship (eBook)
Fissures in EU Citizenship: The Deconstruction and Reconstruction of the Legal Evolution of EU Citizenship (eBook)
Martin Steinfeld
ISBN 9781108861717
Published January 2022
Cambridge University Press
£109.00

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Cover of Fissures in EU Citizenship: The Deconstruction and Reconstruction of the Legal Evolution of EU Citizenship
Fissures in EU Citizenship: The Deconstruction and Reconstruction of the Legal Evolution of EU Citizenship
Martin Steinfeld
ISBN 9781108490894
Published January 2022
Cambridge University Press
£109.00
Cover of Can the European Court of Human Rights Shape European Public Order?
Can the European Court of Human Rights Shape European Public Order?
Kanstantsin Dzehtsiarou
ISBN 9781108497367
Published December 2021
Cambridge University Press
£109.00
Cover of Can the European Court of Human Rights Shape European Public Order? (eBook)
Can the European Court of Human Rights Shape European Public Order? (eBook)
Kanstantsin Dzehtsiarou
ISBN 9781108752343
Published December 2021
Cambridge University Press
£109.00

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Cover of The Politics of Legal Expertise in EU Policy-Making
The Politics of Legal Expertise in EU Policy-Making
Päivi Leino-Sandberg
ISBN 9781108830058
Published September 2021
Cambridge University Press
£109.00
Cover of The Politics of Legal Expertise in EU Policy-Making (eBook)
The Politics of Legal Expertise in EU Policy-Making (eBook)
Päivi Leino-Sandberg
ISBN 9781108904865
Published September 2021
Cambridge University Press
£109.00

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Cover of Private Selves: Legal Personhood in European Privacy Protection
Private Selves: Legal Personhood in European Privacy Protection
Susanna Lindroos-Hovinheimo
ISBN 9781108478885
Published May 2021
Cambridge University Press
£109.00
Cover of Private Selves: Legal Personhood in European Privacy Protection (eBook)
Private Selves: Legal Personhood in European Privacy Protection (eBook)
Susanna Lindroos-Hovinheimo
ISBN 9781108808866
Published May 2021
Cambridge University Press
£109.00

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Cover of The Politics of Justice in European Private Law: Social Justice, Access Justice, Societal Justice
The Politics of Justice in European Private Law: Social Justice, Access Justice, Societal Justice
Hans-W. Micklitz
ISBN 9781108439374
Published February 2020
Cambridge University Press
£46.00
Cover of Redefining European Economic Integration
Redefining European Economic Integration
Dariusz Adamski
ISBN 9781108432610
Published January 2020
Cambridge University Press
£46.00
Cover of In the Court We Trust: Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts
In the Court We Trust: Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts
Rob van Gestel, Jurgen de Poorter
ISBN 9781108481274
Published December 2019
Cambridge University Press
£105.00
Cover of In the Court We Trust: Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts (eBook)
In the Court We Trust: Cooperation, Coordination and Collaboration between the ECJ and Supreme Administrative Courts (eBook)
Rob van Gestel, Jurgen de Poorter
ISBN 9781108593212
Published December 2019
Cambridge University Press
£105.00

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Cover of The Transformation of EU Treaty Making: The Rise of Parliaments, Referendums and Courts since 1950
The Transformation of EU Treaty Making: The Rise of Parliaments, Referendums and Courts since 1950
Dermot Hodson, Imelda Maher
ISBN 9781107531062
Published December 2019
Cambridge University Press
£40.00
Cover of Human Rights in the Council of Europe and the European Union: Achievements, Trends and Challenges
Human Rights in the Council of Europe and the European Union: Achievements, Trends and Challenges
Steven Greer, Janneke Gerards, Rosie Slowe
ISBN 9781107663572
Published September 2019
Cambridge University Press
£51.00
Cover of Beyond Minimum Harmonisation: Gold-Plating and Green-Plating of European Environmental Law
Beyond Minimum Harmonisation: Gold-Plating and Green-Plating of European Environmental Law
Lorenzo Squintani
ISBN 9781108481007
Published June 2019
Cambridge University Press
£109.00
Cover of Beyond Minimum Harmonisation: Gold-Plating and Green-Plating of European Environmental Law (eBook)
Beyond Minimum Harmonisation: Gold-Plating and Green-Plating of European Environmental Law (eBook)
Lorenzo Squintani
ISBN 9781108574532
Published June 2019
Cambridge University Press
£109.00

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Cover of Brokering Europe: Euro-Lawyers and the Making of a Transnational Polity
Brokering Europe: Euro-Lawyers and the Making of a Transnational Polity
Antoine Vauchez
ISBN 9781108735247
Published December 2018
Cambridge University Press
£34.00
Cover of New Labour Laws in Old Member States: Trade Union Responses to European Enlargement
New Labour Laws in Old Member States: Trade Union Responses to European Enlargement
Rebecca Zahn
ISBN 9781108735261
Published December 2018
Cambridge University Press
£40.00
Cover of Gendering European Working Time Regimes: The Working Time Directive and the Case of Poland
Gendering European Working Time Regimes: The Working Time Directive and the Case of Poland
Ania Zbyszewska
ISBN 9781107547117
Published December 2018
Cambridge University Press
£34.00
Cover of EU Renewable Electricity Law and Policy: From National Targets to a Common Market
EU Renewable Electricity Law and Policy: From National Targets to a Common Market
Tim Maxian Rusche
ISBN 9781107533240
Published December 2018
Cambridge University Press
£34.00
Cover of Free Trade, Fair Trade, and Green Trade in and with the EU: Process-Based Measures Within the EU Legal Order
Free Trade, Fair Trade, and Green Trade in and with the EU: Process-Based Measures Within the EU Legal Order
Laurens Ankersmit
ISBN 9781316641699
Published December 2018
Cambridge University Press
£34.00
Cover of The Politics of Justice in European Private Law: Social Justice, Access Justice, Societal Justice (eBook)
The Politics of Justice in European Private Law: Social Justice, Access Justice, Societal Justice (eBook)
Hans-W. Micklitz
ISBN 9781108335829
Published November 2018
Cambridge University Press
Out of print
Cover of The Politics of Justice in European Private Law: Social Justice, Access Justice, Societal Justice
The Politics of Justice in European Private Law: Social Justice, Access Justice, Societal Justice
Hans-W. Micklitz
ISBN 9781108424127
Published November 2018
Cambridge University Press
£75.00
Cover of The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits (eBook)
The Court of Justice of the European Union as an Institutional Actor: Judicial Lawmaking and its Limits (eBook)
Thomas Horsley
ISBN 9781108658324
Published July 2018
Cambridge University Press
Out of print
Cover of Frontex and Non-Refoulement: The International Responsibility of the EU
Frontex and Non-Refoulement: The International Responsibility of the EU
Roberta Mungianu
ISBN 9781107590069
Published June 2018
Cambridge University Press
£34.00
Cover of The International Responsibility of the European Union: From Competence to Normative Control
The International Responsibility of the European Union: From Competence to Normative Control
Andres Delgado Casteleiro
ISBN 9781107462595
Published June 2018
Cambridge University Press
£34.00
Cover of The Governance of EU Fundamental Rights
The Governance of EU Fundamental Rights
Mark Dawson
ISBN 9781107682504
Published June 2018
Cambridge University Press
£34.00
Cover of Redefining European Economic Integration
Redefining European Economic Integration
Dariusz Adamski
ISBN 9781108421423
Published April 2018
Cambridge University Press
£80.00
Cover of Redefining European Economic Integration (eBook)
Redefining European Economic Integration (eBook)
Dariusz Adamski
ISBN 9781108381802
Published April 2018
Cambridge University Press
Out of print
Cover of Core Socio-Economic Rights Protection and the European Court of Human Rights
Core Socio-Economic Rights Protection and the European Court of Human Rights
Ingrid Leijten
ISBN 9781107198470
Published January 2018
Cambridge University Press
£109.00
Cover of Free Trade, Fair Trade, and Green Trade in and with the EU: Process-Based Measures Within the EU Legal Order
Free Trade, Fair Trade, and Green Trade in and with the EU: Process-Based Measures Within the EU Legal Order
Laurens Ankersmit
ISBN 9781107191228
Published August 2017
Cambridge University Press
£105.00
Cover of New Labour Laws in Old Member States: Trade Union Responses to European Enlargement
New Labour Laws in Old Member States: Trade Union Responses to European Enlargement
Rebecca Zahn
ISBN 9781107037335
Published April 2017
Cambridge University Press
£120.00
Cover of New Labour Laws in Old Member States: Trade Union Responses to European Enlargement (eBook)
New Labour Laws in Old Member States: Trade Union Responses to European Enlargement (eBook)
Rebecca Zahn
ISBN 9781108206136
Published April 2017
Cambridge University Press
Out of print
Cover of The Governance of EU Fundamental Rights (eBook)
The Governance of EU Fundamental Rights (eBook)
Mark Dawson
ISBN 9781108145749
Published February 2017
Cambridge University Press
Out of print
Cover of The Governance of EU Fundamental Rights
The Governance of EU Fundamental Rights
Mark Dawson
ISBN 9781107070493
Published February 2017
Cambridge University Press
£79.00
Cover of European Constitutionalism
European Constitutionalism
Kaarlo Tuori
ISBN 9781107451902
Published February 2017
Cambridge University Press
£40.00
Cover of Frontex and Non-Refoulement: The International Responsibility of the EU
Frontex and Non-Refoulement: The International Responsibility of the EU
Roberta Mungianu
ISBN 9781107133570
Published August 2016
Cambridge University Press
£105.00
Cover of Gendering European Working Time Regimes: The Working Time Directive and the Case of Poland
Gendering European Working Time Regimes: The Working Time Directive and the Case of Poland
Ania Zbyszewska
ISBN 9781107121256
Published August 2016
Cambridge University Press
£104.00
Cover of Referendums and the European Union: A Comparative Inquiry
Referendums and the European Union: A Comparative Inquiry
Fernando Mendez, Mario Mendez, Vasiliki Triga
ISBN 9781316603369
Published June 2016
Cambridge University Press
£40.00
Cover of EU Renewable Electricity Law and Policy: From National Targets to a Common Market
EU Renewable Electricity Law and Policy: From National Targets to a Common Market
Tim Maxian Rusche
ISBN 9781107112933
Published December 2015
Cambridge University Press
£105.00
Cover of European Constitutionalism
European Constitutionalism
Kaarlo Tuori
ISBN 9781107087095
Published July 2015
Cambridge University Press
£120.00
Cover of Brokering Europe: Euro-Lawyers and the Making of a Transnational Polity
Brokering Europe: Euro-Lawyers and the Making of a Transnational Polity
Antoine Vauchez
ISBN 9781107042360
Published February 2015
Cambridge University Press
£67.00
Cover of Services Liberalization in the EU and the WTO: Concepts, Standards and Regulatory Approaches
Services Liberalization in the EU and the WTO: Concepts, Standards and Regulatory Approaches
Marcus Klamert
ISBN 9781107034594
Published October 2014
Cambridge University Press
£116.00
Cover of Referendums and the European Union: A Comparative Enquiry
Referendums and the European Union: A Comparative Enquiry
Fernando Mendez, Mario Mendez, Vasiliki Triga
ISBN 9781107034044
Published June 2014
Cambridge University Press
£61.00
Cover of The Allocation of Regulatory Competence in the EU Emissions Trading Scheme
The Allocation of Regulatory Competence in the EU Emissions Trading Scheme
Josephine van Zeben
ISBN 9781107042261
Published April 2014
Cambridge University Press
Out of print
Cover of The Eurozone Crisis: A Constitutional Analysis
The Eurozone Crisis: A Constitutional Analysis
Kaarlo Tuori, Klaus Tuori
ISBN 9781107056558
Published January 2014
Cambridge University Press
£55.00
Cover of The Eurozone Crisis: A Constitutional Analysis
The Eurozone Crisis: A Constitutional Analysis
Kaarlo Tuori, Klaus Tuori
ISBN 9781107649453
Published January 2014
Cambridge University Press
£28.00
Cover of The Limits of Legal Reasoning and the European Court of Justice
The Limits of Legal Reasoning and the European Court of Justice
Gerard Conway
ISBN 9781107660359
Published January 2014
Cambridge University Press
£34.00
Cover of International Trade Disputes and EU Liability
International Trade Disputes and EU Liability
Anne Thies
ISBN 9781107009660
Published April 2013
Cambridge University Press
£100.00
Cover of The Limits of Legal Reasoning and the European Court of Justice
The Limits of Legal Reasoning and the European Court of Justice
Gerard Conway
ISBN 9781107001398
Published January 2012
Cambridge University Press
Out of print
Cover of New Governance and the Transformation of European Law: Coordinating EU Social Law and Policy
New Governance and the Transformation of European Law: Coordinating EU Social Law and Policy
Mark Dawson
ISBN 9781107006324
Published October 2011
Cambridge University Press
£120.00
Cover of Lisbon Treaty: A Legal and Political Analysis
Lisbon Treaty: A Legal and Political Analysis
Jean-Claude Piris
ISBN 9780521142342
Published June 2010
Cambridge University Press
£47.00
Cover of Ethos of Europe: Values, Law and Justice in the EU
Ethos of Europe: Values, Law and Justice in the EU
Andrew Williams
ISBN 9780521134040
Published March 2010
Cambridge University Press
£38.00
Cover of Ethos of Europe: Values, Law and Justice in the EU
Ethos of Europe: Values, Law and Justice in the EU
Andrew Williams
ISBN 9780521118286
Published March 2010
Cambridge University Press
£68.00
Cover of Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal
Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal
Urfan Khaliq
ISBN 9780521870757
Published September 2009
Cambridge University Press
£80.00
Cover of State and Market in European Union Law
State and Market in European Union Law
Wolf Sauter, Harm Schepel
ISBN 9780521674478
Published April 2009
Cambridge University Press
£40.00
Cover of The European Civil Code: The Way Forward
The European Civil Code: The Way Forward
Hugh Collins
ISBN 9780521713375
Published November 2008
Cambridge University Press
£37.00
Cover of Implementing EU Pollution Control: Law and Integration
Implementing EU Pollution Control: Law and Integration
Bettina Lange
ISBN 9780521883986
Published March 2008
Cambridge University Press
£109.00
Cover of European Broadcasting Law and Policy
European Broadcasting Law and Policy
Jackie Harrison, Lorna Woods
ISBN 9780521613309
Published October 2007
Cambridge University Press
£40.00
Cover of The Transformation of Citizenship in the European Union: Electoral Rights and the Restructuring of Political Space
The Transformation of Citizenship in the European Union: Electoral Rights and the Restructuring of Political Space
Jo Shaw
ISBN 9780521677943
Published August 2007
Cambridge University Press
£45.00
Cover of The European Convention on Human Rights: Achievements, Problems and Prospects
The European Convention on Human Rights: Achievements, Problems and Prospects
Steven Greer
ISBN 9780521608596
Published November 2006
Cambridge University Press
£48.00
Cover of The Constitution for Europe: A Legal Analysis
The Constitution for Europe: A Legal Analysis
Jean-Claude Piris
ISBN 9780521682183
Published March 2006
Cambridge University Press
£51.00
Cover of EU Enlargement and the Constitutions of Central and Eastern Europe
EU Enlargement and the Constitutions of Central and Eastern Europe
Anneli Albi
ISBN 9780521607360
Published June 2005
Cambridge University Press
£34.00