scholarly journals Keeping the dream alive: the European Court of Justice and the transnational fabric of integrationist jurisprudence

2011 ◽  
Vol 4 (1) ◽  
pp. 51-71 ◽  
Author(s):  
Antoine Vauchez
Keyword(s):  
Social Processes ◽  
European Court Of Justice ◽  
Founding Father ◽  
International Courts ◽  
Social Fabric ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
National Governments ◽  
Political Realm

How does the European Court of Justice (ECJ) firmly maintain a now 45-year-old consistent integrationist jurisprudence when exerting virtually no control over the recruitment of its members (a selection left to national governments)? Rather than considering such judicial consistency over time as a ‘given’, the paper questions the social fabric of judicial preferences. On the basis of a variety of commemorative materials produced within the Court (Festschriften, tributes, eulogies, and jubilees) and never studied so far, the paper stresses the manner in which these rituals are home to social processes of aggregation (into one unique judicial family), demarcation (from the political realm), and self-identification (to roles of so-called ‘founding father’, ‘current spokesmen’, or ‘would-be judges’), thereby enabling transnational role transmission within international courts such as the ECJ.

scholarly journals The European Court of Justice: What are the Limits of its Exclusive Jurisdiction?

2009 ◽  
Vol 16 (3) ◽  
pp. 291-314 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Case Law ◽  
European Court Of Justice ◽  
Member States ◽  
International Courts ◽  
Community Law ◽  
Exclusive Jurisdiction ◽  
Court Of Justice ◽  
European Court ◽  
Academic Discussion

The article explores the limits of the ECJ's exclusive jurisdiction by addressing two main issues: firstly, whether there are exceptions to that exclusivity, such as the application of the CILFIT case law or the exclusion of Community law from the dispute. Secondly, it asks whether other international courts must respect the ECJ's jurisdiction over a case. The article commences by briefly discussing the ECJ's exclusive jurisdiction as it was established in Opinion 1/91 and the Mox Plant-Case and draws conclusions from this case law. It then addresses the above-mentioned points and comes to the conclusion that there are generally no exceptions to the ECJ's exclusive jurisdiction and that the only option open to Member States is to exclude Community law from a dispute (and even that option is subject to limitations). Furthermore, after exploring several routes advanced in the academic discussion, the article comes to the conclusion that other courts must respect the ECJ's jurisdiction and as a consequence declare the case inadmissible.

scholarly journals The turbulent life of the Working Time Directive

2018 ◽  
Vol 25 (1) ◽  
pp. 118-129 ◽  
Author(s):  
Tobias Nowak
Keyword(s):  
Decision Making ◽  
Working Time ◽  
European Court Of Justice ◽  
Decision Making Process ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
Social Partners ◽  
Working Time Directive

The case of the Working Time Directive (WTD) is a prime example of a failed attempt by the Member States and the Commission to counter rulings of the European Court of Justice (CJEU) by legislative overrule. Outsourcing the decision making process to the social partners also did not deliver the desired results. After years of trying to reform the WTD, the Commission changed its strategy and issued an interpretive communication instead. However, it is doubtful that this communication will solve all that is wrong with the WTD. What were the obstacles to legislative overrule in this case? What other strategies in avoiding the consequences of CJEU rulings do the Member States apply? What will the future of WTD look like?

Polanyi in Brussels: Supranational Institutions and the Transnational Embedding of Markets

2009 ◽  
Vol 63 (4) ◽  
pp. 593-620 ◽  
Author(s):  
James A. Caporaso ◽  
Sidney Tarrow
Keyword(s):  
Regional Level ◽  
European Court Of Justice ◽  
Karl Polanyi ◽  
Market Structures ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
European Union Legislation ◽  
John Ruggie ◽  
Supranational Institutions

AbstractMany have argued that the success of European integration is predicated on reinforcing market structures and some have gone further to state that the creation of a transnational market results in a decoupling of markets from their national political and social frameworks, thus threatening to unravel historical social bargains. Drawing on the work of Karl Polanyi and John Ruggie and using their insights regarding the social embedding of markets, we dissent from this view by examining how the European Court of Justice (ECJ) has handled a key sector of the emerging European market—labor mobility. We argue that rather than disembedding markets, decisions of the ECJ—just as Polanyi and Ruggie would have predicted—activate new social and political arrangements. We find evidence for the development of a new legal and political structure, largely inspired by the Court but also imbricated in European Union legislation, at the regional level.

Contours of a European Social Union in the Case-Law of the European Court of Justice

2006 ◽  
Vol 2 (1) ◽  
pp. 101-115 ◽  
Author(s):  
Koen Lenaerts ◽  
Tinne Heremans
Keyword(s):  
Case Law ◽  
Fundamental Principle ◽  
European Court Of Justice ◽  
Social Rights ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
Welfare Systems ◽  
National Welfare

Tensions between national welfare systems and the social rights of the citizens of the Union — Fundamental principle of free movement and the degree of financial solidarity with nationals from other Member States — Introduction of internal market principles in health care — The balancing role of the Court of Justice of the European Communities.

scholarly journals Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice

2017 ◽  
Author(s):  
Karen J. Alter ◽  
Laurence R. Helfer
Keyword(s):  
Regional Integration ◽  
Political Support ◽  
European Court Of Justice ◽  
The Political ◽  
Legal Transplant ◽  
International Courts ◽  
The Andes ◽  
Court Of Justice ◽  
European Court ◽  
Judicial Lawmaking

This chapter explores a different issue raised by the Andean Tribunal of Justice's (ATJ's) origins as a legal transplant — when do international judges engage in expansive judicial lawmaking? Although many scholars assert that international courts are hard-wired for self-aggrandizement, this comparative study of the ATJ and the European Union's Court of Justice (ECJ) reveals that the political contexts in which courts are embedded are critical to how expansively they interpret their authority. Hence this chapter develops the Andean Community analogue to Joseph Weiler's famous account of the ECJ's transformation of Europe. It explores how variations in political support for integration over time have influenced lawmaking by international judges in the Andes and in Europe. The chapter focuses in particular on the ATJ's refusal to follow the ECJ in transforming the Andean Community's founding treaty, the Cartagena Agreement, into a constitutional blueprint for regional integration.

International Law and the European Court of Justice: The Politics of Avoiding History

2020 ◽  
Vol 22 (2-3) ◽  
pp. 446-471
Author(s):  
Michel Erpelding
Keyword(s):  
International Law ◽  
International Institutions ◽  
European Court Of Justice ◽  
Eu Law ◽  
International Courts ◽  
European Institutions ◽  
Court Of Justice ◽  
European Court ◽  
Political Implications ◽  
Historical Contextualization

Abstract Using the example of the European Court of Justice (ECJ), this article addresses the lack of historical contextualization which is prevalent in most general accounts of EU law and EU institutions. It argues that this narrative is the result of a tradition established by the founders of the discipline. For these early ‘Euro-lawyers’, distinguishing the practice of European institutions from earlier international institutions had important political implications. This was especially true with regard to the ECJ. By providing a selective and partly decontextualized narrative of this court and describing it as largely unprecedented in international law, early Euro-lawyers were not only able to bolster the ‘supranational’ and ‘sui generis’ character of their nascent discipline. They were also able to avoid comparisons between the ECJ and prior international courts and tribunals whose similarly wide-ranging powers and integrated nature had been considered as politically problematic.

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