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After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court’s output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship.
Maurice Adams is Professor of General Jurisprudence and ‘vfund’ Professor of Democratic Governance and the Rule of Law at Tilburg University.Henri de Waele is Professor of International and European Law at Radboud University Nijmegen and Guest Professor of European Institutional Law at the University of Antwerp.Johan Meeusen is Vice-Rector and Professor of European Union Law and Private International Law at the University of Antwerp.Gert Straetmans is Professor of European Economic and Commercial Law at the University of Antwerp.
Introduction: Judging Europe's Judges Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans1. The Court's Outer and Inner Selves: Exploring the External and Internal Legitimacy of the European Court of Justice Koen Lenaerts2. Adjudication by Reference to General Principles of EU Law: A Second Look at the Mangold Case Law Ján Mazák and Martin Moser3. The Court's Case Law on the Internal Market: 'A Circumloquacious Statement of the Result, Rather than a Reason for Arriving at It'? Stephen Weatherill4. The Legitimacy of Free Movement Case Law: Process and Substance Jukka Snell5. The Bubble that Burst: Exploring the Legitimacy of the Case Law on the Free Movement of Union Citizens Michael Dougan6. Towards 'Real' Citizenship? The Judicial Construction of Union Citizenship and its Limits Daniel Thym7. Placing the European Union in International Context: Legitimacy of the Case Law Eileen Denza8. Of Feasibility and Silent Elephants: The Legitimacy of the Court of Justice through the Eyes of National Courts Michal BobekEpilogue: Judging the Judges – Apology and Critique JHH Weiler
... a fascinating volume that addresses the legitimacy of the case law of the Court of Justice of the European Union. It would be of particular interest to those working on the ‘hard cases’ recently decided by the CJEU, but also more generally to anyone interested in European law.