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Articles 1 - 12 of 12
Full-Text Articles in Social and Behavioral Sciences
Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman
Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
The Structure Of Constitutional Pluralism, Alec Stone Sweet
The Structure Of Constitutional Pluralism, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Judicial Non-Compliance In A Non-Hierarchical Legal Order: Isolated Accident Or Omen Of Judicial Armageddon?, Arthur Dyevre
Judicial Non-Compliance In A Non-Hierarchical Legal Order: Isolated Accident Or Omen Of Judicial Armageddon?, Arthur Dyevre
Arthur Dyevre
In a multi-level, non-hierarchical court system, where courts at the upper echelon do not have the power to reverse the decisions of courts at the lower level, judicial cooperation appears crucial to the effectiveness of the higher-level law. For this reason, the recent judgment of the Czech Constitutional Court, which declared the decision of the Court of Justice in the Landtová case ultra vires, would seem to deal a terrible blow to the authority of European Union law. As doomsayers will be quick to point out, the Czech decision could set a dangerous precedent that may well one day bring …
Neofunctionalism And Supranational Governance (Unabridged Version), Alec Stone Sweet
Neofunctionalism And Supranational Governance (Unabridged Version), Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
The European Court Of Justice, State Non-Compliance, And The Politics Of Override, Alec Stone Sweet
The European Court Of Justice, State Non-Compliance, And The Politics Of Override, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
How The European Legal System Works - And Does Not Work: Override, Non-Compliance, And Majoritarian Activism In International Regimes, Alec Stone Sweet
How The European Legal System Works - And Does Not Work: Override, Non-Compliance, And Majoritarian Activism In International Regimes, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
How The European Union's Legal System Works - And Does Not Work: Response To Carruba, Gabel, And Hankla, Alec Stone Sweet
How The European Union's Legal System Works - And Does Not Work: Response To Carruba, Gabel, And Hankla, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Overlapping Human Rights Jurisdictions In Europe: An Application Of Constructivism To Regional Studies, William Thompson Yon
Overlapping Human Rights Jurisdictions In Europe: An Application Of Constructivism To Regional Studies, William Thompson Yon
Honors Papers
In December 2009, the Lisbon Treaty expanded the European Court of Justice's jurisdiction into regional human rights protection. In the 27 EU member states this jurisdiction would overlap with the European Court of Human Rights. This paper describes how this situation developed through a historical analyses of each institutions' constitutional and functional developments, and attempts to extrapolate future action based on how actors' use and define symbols. It concludes that the European human rights regime is likely to see the ECJ establish itself in a monist hierarchy underneath the ECtHR in the area of human rights, while maintaining a supremacy …
The European Court Of Justice And The Judicialization Of Eu Governance, Alec Stone Sweet
The European Court Of Justice And The Judicialization Of Eu Governance, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand
The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand
Articles
This article considers ten developments in private international law that occurred in 2008. In doing so, it focuses on the way in which these developments demonstrate a parallel convergence of power for private international in the institutions of the European Community and dispersal of power for private international law in the United States. This process carries with it important implications for the future roles of both the European Union and the United States in the multilateral development of rules of private international law, with the EU moving toward an enhanced leadership role and the United States restricting its own ability …
The European Court’S Political Power Across Time And Space, Karen Alter
The European Court’S Political Power Across Time And Space, Karen Alter
Faculty Working Papers
This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …
Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein
Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein
Ariel Meyerstein, JD, PhD
This Comment takes as its starting point the adoption of the first five pieces of harmonized legislation created as part of the EU’s asylum regime overhaul of the early 2000s and proposes constructive solutions to compensate for the inadequate results of the May 2004 negotiations in Brussels. Specifically, it is proposed that an EU-wide asylum appellate court could assist the Member States in completing the work they started by creating a comprehensive harmonization consistent with international law.