The Court of Justice’s dilemma: Between ‘more Europe’ and ‘constitutional mediation'
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Authors
Granger, Marie-PierreEditors
Bickerton, Christopher J.Hodson, Dermot
Puetter, Uwe
Publisher
Oxford University PressPlace of Publication
OxfordType
Book chapterDate
2015
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Show full item recordAbstract
The Court of Justice of the EU is commonly presented as a powerful supranational engine and the unfailing hero of a liberal and federal Europe. The Court is thus an unlikely supporter of ‘new intergovernmentalism’. This chapter, through a selective analysis of the Court’s case law, judicial opinions, academic commentaries, and official statements in the post-Maastricht period, makes three key points. First, the Court does not systematically pursue a particular idea of Europe, but displays a marked preference for ‘more Europe’, whatever it takes. Second, the Court, although it has expanded its judicial control over intergovernmental processes, is at the same time deferential towards the specificities of these mechanisms, except where serious interferences with fundamental rights are involved. Third, the Court is overall supportive of the creation and empowerment of de novo bodies, even where these display intergovernmental features, except where its own judicial authority is threatened.Publisher link
http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780198703617.001.0001/acprof-9780198703617-chapter-10ISBN
9780198703617identifiers
https://doi.org/10.1093/acprof:oso/9780198703617.003.0010ae974a485f413a2113503eed53cd6c53
https://doi.org/10.1093/acprof:oso/9780198703617.003.0010
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