Overview

This open access book provides a compelling re-examination of the European Union judiciary, encompassing the European Court of Human Rights, the Court of Justice of the European Union and constitutional courts, as explored by prominent scholars from the Spanish academic community. Organised into three substantive parts, the book explores the essential interplay between these judicial bodies, emphasising how their distinct roles, challenges and evolutions are deeply interconnected. Together, these institutions form a cohesive yet occasionally tension-filled ‘community of judges’ that collaborates, interacts, and sometimes diverges in shaping the legal landscape of Europe. The first part examines the institutional framework and the foundational role of the European Court of Human Rights, focusing on its influence on European legal norms and human rights protections. The second part addresses the institutional challenges faced by the Court of Justice of the European Union, including its function as a cornerstone of EU law and its interactions with other courts. The final part investigates the role of constitutional courts within EU Member States, highlighting their responses to European integration and their dynamic relationships with supranational courts. By exploring the interdependencies, mutual influences, and occasional tensions within this ‘community of judges’, the book reveals how these courts, in collaboration with European scholarship, collectively contribute to a broader ‘community of law’ that continues to shape the legal and political order of Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Full Product Details

Author:   Alejandro Saiz Arnaiz (Pompeu Fabra University, Spain) ,  Joan Solanes Mullor (Pompeu Fabra University, Spain)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
ISBN:  

9781509975709

ISBN 10:   1509975705
Pages:   216
Publication Date:   10 July 2025
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Part I. The European Court of Human Rights Chapter I. Time of Courts: International Jurisdiction at the Origin of European Integration Chapter II. Contrapunctual Dialogues with the European Court of Human Rights? Chapter III. Formal and Informal Ways of Integration in the European System of Protection of Human Rights Chapter IV. The European Court of Human Rights Before Inter-State Cases in the Field of Armed Conflicts: Perspectives and Difficulties Part II. The Court of Justice of the European Union Chapter V. Autonomy of EU law versus International Adjudication Chapter VI. The Primacy of the EU law in a New Union Chapter VII. The Pending Reform of the Court of Justice of the European Union: the Proposal to Transfer (certain) Preliminary Rulings to the General Court Chapter VIII. The Interpretation of the Constitution in light of the Charter of Fundamental Rights of the European Union Part III. Constitutional Courts Chapter IX. How Constitutional Courts Learnt that Living in Groups is an Adaptation to Increase the Efficiency of Hunting Chapter X. The Constitution of the Member State at the Crossroads of the Union and the National Judiciary Chapter XI. Building a European Criminal Law: Constitutional Courts on Watch Chapter XII. Limits to the Constitutional Control of EU Law?

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Author Information

Alejandro Saiz Arnaiz is Professor of Constitutional Law at Pompeu Fabra University, Spain. Joan Solanes Mullor is Professor of Constitutional Law at Pompeu Fabra University, Spain.

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