Paperback : £60.98
This book is part of the Oxford EC Law Library. The aim of this series is to publish important and original studies of the various branches of European Community Law. Each work provides a clear, concise, and original critical exposition of the law in its social, economic, and political
context, at a level which will interest the advanced student, the practitioner, the academic, and government and Community officials.
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. The purpose of this book is to record and analyse the contribution the Court has made to shaping the legal framework within which the European Union operates.
It examines the case law of the Court on the scope of its own powers and important constitutional questions with which it has been confronted: the relationship between Community law and national law, the impact of Community law on national remedies, the development of general principles of law and
the place of fundamental rights.
This book also looks at the case law of the Court in certain key areas of substantive law: the free movement of goods, persons and services, competition and equal treatment for men and women. The final section comprises a discussion of some general questions relating to the Court's overall approach.
To whatextent has it varied with the passage of time? What has been its relationship with 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 Union as legitimate? What is likely to be the effect on
the Court of the latest set of amendments to the Union treaties contained in the Treaty of Amsterdam? The European Union and its Court of Justice will be an important source of work for practitioners, scholars and students interested in European Union law.
This book is part of the Oxford EC Law Library. The aim of this series is to publish important and original studies of the various branches of European Community Law. Each work provides a clear, concise, and original critical exposition of the law in its social, economic, and political
context, at a level which will interest the advanced student, the practitioner, the academic, and government and Community officials.
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. The purpose of this book is to record and analyse the contribution the Court has made to shaping the legal framework within which the European Union operates.
It examines the case law of the Court on the scope of its own powers and important constitutional questions with which it has been confronted: the relationship between Community law and national law, the impact of Community law on national remedies, the development of general principles of law and
the place of fundamental rights.
This book also looks at the case law of the Court in certain key areas of substantive law: the free movement of goods, persons and services, competition and equal treatment for men and women. The final section comprises a discussion of some general questions relating to the Court's overall approach.
To whatextent has it varied with the passage of time? What has been its relationship with 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 Union as legitimate? What is likely to be the effect on
the Court of the latest set of amendments to the Union treaties contained in the Treaty of Amsterdam? The European Union and its Court of Justice will be an important source of work for practitioners, scholars and students interested in European Union law.
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
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.
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
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