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Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role.The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances.The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
This book investigates how shifting the focus of European Union legal scholarship toward the legislative process alters the perceived role and authority of the Court of Justice of the European Union. Martijn van den Brink, a scholar in European law, utilizes a combination of legal theory and institutional analysis to argue that the EU legislature possesses superior democratic legitimacy compared to the judiciary. He posits that the Court of Justice should adopt a stance of judicial deference, prioritizing legislative intent over judicial interpretation in most circumstances.
What You Will Find
Experts in European law identify this work as a significant contribution to the study of institutional balance within the EU. Readers frequently note the academic density of the prose, which serves as a rigorous examination of the intersection between legislative authority and judicial review.
Page Count:
272
Publication Date:
2024-10-16
Publisher:
Oxford University Press
ISBN-10:
0198900082
ISBN-13:
9780198900085
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