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European Judicial Systems as a Challenge for Democracy

Edited by: Elzbieta Kuzelewska, Dariusz Kloza, Izabela Krasnicka, Franciszek Strzyczkowski

ISBN13: 9781780683164
Published: June 2015
Publisher: Larcier Intersentia UK
Country of Publication: UK
Format: Paperback
Price: £57.00



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The role of the European judiciary in the process of European integration cannot be overestimated. European integration after the second world war is usually analyzed from the perspective of political decisions. However, in the public debate we very often forget how much we owe to the Court of Justice of the European Union and the European Court of Human Rights.

Subjects:
EU Law
Contents:
PART ONE. THE COURT OF JUSTICE OF THE EUROPEAN UNION
1. Democracy in Constitutional Politics of European Courts: An Overview of Selected Issues (p.
1)
2. The Institutional Balance as CJEU’s Contribution to Democracy in the Union: Selected Issues (p.
25)
3. From Judicial Dialogue Towards Constitutional Spill-Over? The Economic Analysis of Preliminary Reference Procedure and the Application of the EU Charter of Fundamental Rights (p.
37)
4. Towards the Democratization of the EU? Strengthening prerogatives of the European Parliament in the case law of the Court of Justice of the European Union (p.
57)
5. Democratic Values in the Court of Justice Adjudication on the Private Enforcement of the European Union Competition Law (p.
73)
6. Judicial Control of Monetary and Fiscal Decisions in the European Union (p.
87)
7. How CJEU’s “Privacy Spring” Construed the Human Rights Shield in the Digital Age (p.
111)
8. The Supremacy of the EU Law as Interpreted by the Polish Constitutional Tribunal (p.
127)
9. Reception of EU Law in Polish Courts – A Case of “Teddy Bear” Law (p.
143)
10. Enforcing Europe’s Foundational Values in Central and Eastern Europe: A Case in Point (p.
159)

PART TWO. THE EUROPEAN COURT OF HUMAN RIGHTS
11. Protocol 16 to the ECHR: A Convenient Tool for Judicial Dialogue and Better Domestic Implementation of the Convention? (p.
181)
12. The EU’s Parliamentary Representation in the Light of the Strasbourg Court’s Sejdic and Zornic Standards: Is there Tendency for a New Parliamentary Order in the EU? (p.
211)
13. The European Concept of a Fair Trial and the Legal Admissibility of Assessors in the Polish Judicial System (p.
233)