Limites De L'Autonomie Supranationale De La Cour De Justice Europeenne Paperback

Luca Barani

Member States of the European Union have delegated to the European Court of Justice the function of ensuring respect for the law in this community. In exercising this delegated authority, the Court has demonstrated over time a degree of autonomy that States have not consented to, to establish an autonomous legal order. Thus, it embarked on a legal and jurisprudential revolution, which remained unnoticed at the beginning, following a trajectory dictated by its institutional interests. Despite the impression of omnipotence of the Court's action, however, its powers and discretion must be qualified: what factors are decisive for judicial autonomy? What is the relationship between the Court of Justice, national courts and other legal actors? How do political and institutional pressures affect judicial decision-making? To what extent do governments respect Community law and affect the judicial activity of the Court of Justice? Instead of being a mere instrument (passive or reactive) of the goodwill of the Member States, the Court of Justice is an autonomous agent, even acting under certain constraints.

9786131525063

French

Omniscriptum

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