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The most effective international legal system in the world exists in Europe. It works much like a domestic system, where violations of the law are brought to court, legal decisions are respected, and the autonomous influence of law and legal rulings extends into the political process itself. The European legal system was not always so effective at influencing state behavior and compelling compliance. Indeed the European Community's original legal system was intentionally designed to have very limited monitoring and enforcement capabilities. The European Court of Justice transformed the original system through bold and controversial legal decisions declaring the direct effect and supremacy of European law over national law.This book starts where traditional legal accounts leave off. Karen Alter explains why national courts took on a role enforcing European law against their governments, and why national governments accepted an institutional change that greatly compromised national sovereignty. She then shows how harnessing national courts to funnel private litigant challenges through to the ECJ and enforce European law supremacy contributed fundamentally to the emergence of an international rule of law in Europe, where national governments are held accountable to their European legal obligations, and where states actually avoid policies that might conflict with European law.
This book investigates the mechanisms by which the European Court of Justice transformed a limited legal framework into the most effective international legal system in existence. Karen J. Alter, a scholar of international law and politics, examines the historical transition from a system with minimal enforcement to one where European law holds supremacy over national legislation. By analyzing the strategic interactions between national courts, private litigants, and the European Court of Justice, the author provides a framework for understanding how state sovereignty was compromised to establish a robust international rule of law.
What You Will Find
Legal scholars and political scientists frequently cite this work as a foundational text for understanding the judicialization of European politics. Readers often note the academic density of the prose, which provides a rigorous examination of the institutional dynamics governing the European Union.
Page Count:
288
Publication Date:
2001-09-06
Publisher:
Oxford University Press
ISBN-10:
0199243476
ISBN-13:
9780199243471
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