The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation

Author:   Christoph Krenn
Publisher:   Cambridge University Press
ISBN:  

9781009247948


Pages:   202
Publication Date:   22 September 2022
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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The Procedural and Organisational Law of the European Court of Justice: An Incomplete Transformation


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Overview

How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

Full Product Details

Author:   Christoph Krenn
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 16.00cm , Height: 1.10cm , Length: 23.70cm
Weight:   0.450kg
ISBN:  

9781009247948


ISBN 10:   1009247948
Pages:   202
Publication Date:   22 September 2022
Audience:   General/trade ,  General
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction; 2. What courts do: a normative theory of court decision-making; 3. On the template of the ICJ: the Court's liberal roots; 4. Luhmann in Luxembourg: the rise of the rule of law model; 5. Completing the transformation: proposals for democratising the ECJ; 6. Conclusion.

Reviews

'Krenn's book stands as a precious compass. Not only does it offer a valuable conceptual framework to make sense of the Court's changing roles and functions in the EU polity, but is also outlines a clear way forward, fit for the challenges ahead.' Paul Dermine, European Constitutional Law Review


Author Information

Christoph Krenn studied in Graz and Paris and received his Ph.D. in law from Goethe University Frankfurt. He is a research affiliate at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, where he was also a research and senior research fellow from 2011 to 2019. In 2019 he was awarded an APART-GSK-Fellowship by the Austrian Academy of Sciences to pursue a four-year research project on the rise of constitutional adjudication in Austria and Switzerland. He has been a visiting scholar at University Paris 1 Panthéon-Sorbonne, at iCourts Centre in Copenhagen and at University of Zurich.

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