Krenn The Procedural and Organisational Law of the European Court of Justice

An Incomplete Transformation
Erscheinungsjahr 2022
ISBN: 978-1-009-24797-9
Verlag: Cambridge University Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch

Reihe: Cambridge Studies in European Law and Policy

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.

Autoren/Hrsg.

Krenn, Christoph

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen

Inhaltsverzeichnis

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.

Über Autor(innen)

Krenn, Christoph
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.