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The European Court of Justice (ECJ) has played a vital role in
promoting the process of European integration. In recent years,
however, the expansion of EU law has led it to impact ever more
politically sensitive issues, and controversial ECJ judgments have
elicited unprecedented levels of criticism. Can we expect the Court
to sustain its role as a motor of deeper integration without Member
States or other countervailing forces intervening? To answer this
question, we need to revisit established explanations of the
Court's power to see if they remain viable in the Court's
contemporary environment. We also need to better understand the
ultimate limits of the Court's power - the means through which and
extent to which national governments, national courts, litigants
and the Court's other interlocutors attempt to influence the Court
and to limit the impact of its rulings. In this book, leading
scholars of European law and politics investigate how the ECJ has
continued to support deeper integration and whether the EU is
experiencing an increase in countervailing forces that may diminish
the Court's ability or willingness to act as a motor of
integration. This book was published as a special issue of the
Journal of European Public Policy.
The European Court of Justice (ECJ) has played a vital role in
promoting the process of European integration. In recent years,
however, the expansion of EU law has led it to impact ever more
politically sensitive issues, and controversial ECJ judgments have
elicited unprecedented levels of criticism. Can we expect the Court
to sustain its role as a motor of deeper integration without Member
States or other countervailing forces intervening? To answer this
question, we need to revisit established explanations of the
Court's power to see if they remain viable in the Court's
contemporary environment. We also need to better understand the
ultimate limits of the Court's power - the means through which and
extent to which national governments, national courts, litigants
and the Court's other interlocutors attempt to influence the Court
and to limit the impact of its rulings. In this book, leading
scholars of European law and politics investigate how the ECJ has
continued to support deeper integration and whether the EU is
experiencing an increase in countervailing forces that may diminish
the Court's ability or willingness to act as a motor of
integration. This book was published as a special issue of the
Journal of European Public Policy.
This is an open access title available under the terms of a CC
BY-NC-ND 4.0 International licence. It is free to read at Oxford
Scholarship Online and offered as a free PDF download from OUP and
selected open access locations. The European Court of Justice is
one of the most important actors in the process of European
integration. Political science still struggles to understand its
significance, with recent scholarship emphasizing how closely
rulings reflect member states' preferences. This book argues that
the implications of the supremacy and direct effect of the EU
Treaty have still been overlooked. As it constitutionalizes an
intergovernmental treaty, the European Union has a detailed set of
policies inscribed into its constitution that are extensively
shaped by the Court's case law. If rulings have constitutional
status, their impact will be considerable, even if the Court only
occasionally diverts from member states' preferences. By focusing
on the four freedoms of goods, services, persons, and capital, as
well as citizenship rights, the book analyses how the Court's
development of case law has ascribed a broad meaning to these
freedoms. The constitutional status of this case law constrains
policymaking at the European and member-state levels. Different
case studies show how major pieces of EU legislation partly codify
case law. Judicialization is important in the EU. It also directly
constrains member-state policies. Court rulings oriented towards
individual disputes are difficult to translate into general
policies-but if they have constitutional status they have to go
through this process. Policy options are thereby withdrawn from
majoritarian decision-making. As the Court cannot be overruled,
short of a Treaty change, its case law casts a long shadow over
policymaking in the European Union, undermining the legitimacy of
this political order.
She had no choice in the matter-none of the girls did. Her mission
was to give birth to and raise many children in devoted service to
a shared husband. Susan was fifteen years old when she became the
sixth wife of Verlan LeBaron-one of the leaders of a rogue Mormon
cult engaged in a blood feud with his brother that, from 1972 to
1988, claimed up to two dozen lives and led one prosecutor to call
their descendents a "Lord of the Flies generation." In this
gripping and eloquent book, Susan Ray Schmidt tells the story of
growing up on the inside and of her ultimate escape. Delving more
deeply into this mysterious underworld than any previous work,
Favorite Wife is a powerful account of the affairs of the heart,
coming of age under exceptional circumstances, and the tough
choices that are sometimes painfully necessary to preserve human
dignity.
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