EU Treaties and the Judicial Politics of National Courts A Law and Politics Approach Law, Courts and Politics Series
Auteur : Castillo Ortiz Pablo José
Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification.
Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.
Contents: 1. National Higher Courts and Processes of Ratification of European Union Treaties 2. Constructing a Model of Judicial Behavior. Theoretical Framework 3. EU Primary Law Before the Guardians of the Constitution: Courts’ Decisions On the Merits 4. Kompetenz-Kompetenz: The Doctrine of The Last Say. The Interpretative Decisions of Courts 5. The Legal Dimension: Assessing Judicial Behaviour From the Viewpoint of Legal Rules 6.The Political Dimension: a Pro-ratification Context 7. The Judicial Dimension: Institutional Design and Decisional Dynamics 8. Judicial Behaviour as a Result of Complex Causation: a QCA Approach to the Juridical Dynamics of Treaty Ratification 9. Conclusions and Some Final Reflections
Pablo José Castillo Ortiz is Lecturer in Law at The University of Sheffield, UK.
Date de parution : 09-2015
15.2x22.9 cm
Date de parution : 04-2017
15.2x22.9 cm
Thèmes d’EU Treaties and the Judicial Politics of National Courts :
Mots-clés :
European Union Law; European Integration; Law and Courts; Judicial Politics; Constitutional Law; Regional Integration; European Studies; Kompetenz-Kompetenz; French Constitutional Council; EU Law; German Federal Constitutional Court; EU Treaty; EU Secondary Law; Czech Constitutional Court; Judicial Behaviour; European Legal Integration; Belgian Constitutional Court; Treaty Ratification; European Union Treaties; Constitutional Court; Spanish Constitutional Court; Explanatory Conditions; European Clauses; European Union Secondary Law; Czech Court; EEC Treaty; EDC Treaty; NHCs; Austrian Constitutional Court; Lisbon Ruling; Irish Supreme Court; EU Secondary Legislation