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The European Union and its Court of Justice Anthony Arnull (, Professor of European Law and Director of the Institute of European Law, University of Birmingham)

The European Union and its Court of Justice By Anthony Arnull (, Professor of European Law and Director of the Institute of European Law, University of Birmingham)

The European Union and its Court of Justice by Anthony Arnull (, Professor of European Law and Director of the Institute of European Law, University of Birmingham)

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Summary

Examines the contribution of the Court to shaping the legal framework within which the European Union operates. It considers the Court's organization and working methods, powers, and how it has uses its powers to resolve questions of constitutional and substantive law. The implications of the Constitutional Treaty are taken into account.

The European Union and its Court of Justice Summary

The European Union and its Court of Justice by Anthony Arnull (, Professor of European Law and Director of the Institute of European Law, University of Birmingham)

The European Court of Justice is a controversial institution. Its supporters see it as having played a central and positive role in shaping a polity which has given its Member States an unprecedented degree of peace, stability and prosperity. To its detractors, it has ignored the Treaties from which it derives its powers in order to pursue an agenda of its own about the political shape of Europe. This book analyses the Court's place in the institutional architecture of the European Union and its contribution to the constitutionalization of the Union and the development of the Union's substantive law. Questions examined include the jurisdiction of the Court; the relationship between Union law and national law; the impact of Union law on national laws concerning remedies; and the protection of fundamental rights. The book also looks at certain key areas of substantive law which have to a large extent been judicially constructed. In the final section, some overarching themes relating to the Court's overall approach are addressed. To what extent has it evolved with the development of the Union? What has been the Court's relationship with the other institutions of the Union and the national courts of the Member States? Should we regard the central role the Court has undoubtedly played in the development of the Union as legitimate? What is the nature of the role reserved for the Court under the Union's Constitutional Treaty, signed by the Member States in Rome on 29 October 2004? The book will be of interest to anyone concerned with the development of the European Union and the role of the Court in that process.

The European Union and its Court of Justice Reviews

This highly readable book manages to demonstrate just how important the role of the Court has been in constructing the Unions legal order. In doing so, the book draws on the authors impressive breadth of knowledge of the case law, the Court and of EU law in general. * International and Comparative Law Quarterly *
...an excellent book on the European Court of Justice, and, due to both its clarity and in-depth analysis, it will be of interest to students, academics and practitioners alike * European Law Review *
Anthony Arnull is to be commended for bringing forward such an accessible text that focuses on the huge significance of the ECJ across the entire ambit of community law and policy. It is essential reading for all who have an interest in European Union law * Journal of Common Market Studies *
This thoroughly researched book provides a solid history of the ECJ and its methods Arnull covers each subject in detailwhile at the same time guiding the reader through a larger framework. Arnull outlines the development of each concept from its beginnings to the present stage clearly and concisely. The comprehensive style and structure of Arnulls writing makes the book easily accessible to the reader * European Business Organization Law Review *
In this short review, it is only possible to emphasise a few of the book's particular qualities. One is the writer's ability to explain with great clarity some of the most complex and frequently recurring issues in EC law..Another ..is its analysis of how the Court operates. * European Law Review *
..this thoroghly researched book provides a solid history of the ECJ and its methods, the legal framework in which it operates and the Court's contribution to the defintion and development of the scope of substantive law. Arnull covers each subject in detail, often quoting long passages from individual judgments, while at the same time guiding the reader through a larger framework. Arnull outlines the development of each concept from its beginnings to the present stage clearly and concisely. The comprehensive style and structure of Arnull's writing makes the book easily accessible to the reader. Its additional use as a reference work is facilitated by the clear structure and the substantial index tables. * European Business Organization Law Review *

About Anthony Arnull (, Professor of European Law and Director of the Institute of European Law, University of Birmingham)

Anthony Arnull is Professor of European Law and Director of the Institute of European Law at the University of Birmingham. In 1994 he was awarded a Jean Monnet Chair by the European Commission. Professor Arnull is joint Editor of the European Law Review and sits on the Editorial Advisory Board of the Cambridge Yearbook of European Legal Studies, the International Advisory Board of the Irish Journal of European Law and the Advisory Board of the Common Market Law Reports. He is a member of the Advisory Board of the British Institute of International and Comparative Law and of that Board's Community Law Section.

Table of Contents

1. Europe's Judges ; 2. Infringement Proceedings ; 3. The Action for Anulment ; 4. The Preliminary Rulings Procedure ; 5. The Judicial Architecture of the Union ; 6. Treaty provisions and National Law ; 7. Direct effect and Community Acts ; 8. Direct effect, Primacy, and the National Courts ; 9. European Rights, National Remedies ; 10. General Principles of Law and Fundamental Rights ; 11. The Free Movement of Goods ; 12. The Free Movement of Workers ; 13. The Right of Establishment and Freedom to Provide Services ; 14. Towards Citizenship ; 15. Equal Treatment for Men and Women ; 16. Interpretation and the Limits of Literalism ; 17. The Normative Status of the Case Law ; 18. Judging Europe's Judges

Additional information

NPB9780199258840
9780199258840
0199258848
The European Union and its Court of Justice by Anthony Arnull (, Professor of European Law and Director of the Institute of European Law, University of Birmingham)
Anthony Arnull (, Professor of European Law and Director of the Institute of European Law, University of Birmingham)
Oxford European Union Law Library
New
Hardback
Oxford University Press
2006-06-22
784
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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