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The EU's activity under its intergovernmental pillars - The Common Foreign and Security Policy and Justice and Home Affairs - has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon.This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
This book investigates the mechanisms and limitations of judicial oversight within the European Union's intergovernmental pillars, specifically addressing the tension between institutional inertia and the need for individual legal protection. Alicia Hinarejos, a scholar specializing in European law, utilizes a comparative constitutional framework to analyze how the European Court of Justice has navigated jurisdictional constraints. The text evaluates the evolution of the Court's role in the absence of comprehensive treaty reform, providing a rigorous assessment of the Union's legal architecture during a period of significant transition.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the jurisdictional evolution of the European Court of Justice. Experts highlight the author's ability to synthesize complex constitutional developments into a coherent analysis of the EU's federal structure.
Page Count:
304
Publication Date:
2010-02-22
Publisher:
Oxford University Press
ISBN-10:
0199569967
ISBN-13:
9780199569960
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