Great Judgments of the European Court of Justice

Rethinking the Landmark Decisions of the Foundational Period

AvWilliam Phelan

Inbunden, Engelska, 2019

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Beskrivning

Great Judgments of the European Court of Justice presents a new approach to understanding the landmark decisions of the European Court of Justice in the 1960s and 1970s. By comparing the Court's doctrines to the enforcement and escape mechanisms employed by more common forms of trade treaty, it demonstrates how the individual rights created by the doctrine of direct effect were connected to the practical challenges of trade politics among the European states and, in particular, to the suppression of unilateral safeguard mechanisms and inter-state retaliation. Drawing on the writings and speeches of French Judge and President of the Court, Robert Lecourt, it demonstrates that one of the Court's most influential judges shared this understanding of the logic of direct effect. This book offers a distinctive interpretation of the Court of Justice's early years, as well as of the purpose of the fundamental principles of European law.

Produktinformation

Utgivningsdatum:2019-06-13
Mått:156 x 235 x 19 mm
Vikt:520 g
Format:Inbunden
Språk:Engelska
Antal sidor:276
Förlag:Cambridge University Press
ISBN:9781108499088

Utforska kategorier

Rättsordning inom Juridik
Internationell rätt: transport och handel inom Juridik

Mer om författaren

William Phelan is Associate Professor and Jean Monnet Chair of Politics and Law at Trinity College Dublin. His previous book on the European Court of Justice, entitled In Place of Inter-state Retaliation (2015), was awarded the Brian Farrell Book Prize of the Political Studies Association of Ireland.

Recensioner i media

'This book adds something original and enriching to EU law: a new perspective on direct effect which is both persuasive and disruptive. Its core argument deserves to become part of the canon of the field, something that every scholar and teacher of the law must integrate into their thinking if they wish to understand why direct effect exists and what it means for the European Union. Phelan's explanation of how direct effect made possible the ending of inter-state retaliation, and thereby the construction of supranational integration as we now know it, is based on careful analysis of a series of key judgments and the judges who wrote them. The story he tells shines a light on direct effect which is every bit as illuminating as the stories about individual rights and effectiveness upon which lawyers have relied until now.' Gareth Davies, Vrije Universiteit Amsterdam

Innehållsförteckning

Introduction; 1. Pork products, 1961 – no unilateral safeguards; 2. Van Gend en Loos, 1963 – direct effect; 3. Costa v. ENEL, 1964 – supremacy; 4. Dairy products, 1964 – no inter-state retaliation; 5. International fruit, 1972 – no direct effect for the GATT; 6. Van Duyn, 1974 – direct effect of directives; 7. Simmenthal, 1978 – obligations of 'lower' national courts; 8. Sheep meat, 1979 – no inter-state retaliation revisited; 9. Internationale Handelsgesellschaft, 1970 – protection of fundamental rights; 10. States and individuals in the great judgments of the European Court of Justice, 1961–1979.