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This edited volume presents comparative research on how the courts
in Southeast Europe apply international law. After the introductory
Part I, Part II discusses specific areas of international law,
notably the law of Association Agreements between the EU and third
countries, the law of the World Trade Organization, and
international environmental law (the Aarhus Convention). Part III
consists of country reports on how national courts in Albania,
Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro,
Serbia and Slovenia are currently applying international law.
In every system aimed at trade liberalisation, it is necessary to
balance this goal with the protection of (other) values. Not only
does this have economic implications, but it also strikes at the
heart of regulatory autonomy, sovereignty, division of power
between levels and branches of government and constitutionalism.
The optimal balance necessarily depends on the system's aims,
structure, membership and level of homogeneity. This book explores
this broad idea in the specific context of the EU and WTO rules on
non-pecuniary restrictions on the free movement of goods and seeks
to establish how to optimally interpret them. Furthermore, it
demonstrates that the EU internal market rules have strong external
effects which can be felt within the WTO.
It is generally understood that EU law as interpreted by the ECJ
has not merely reconstituted the national legal matrix at the
supranational level, but has also transformed Europe and shaken the
well-established, often formalist, ways of thinking about law in
the Member States. This innovative new study seeks to examine such
a narrative through the lens of the American critical legal studies
(CLS) perspective. The introduction explains how the editors
understand CLS and why its methodology is relevant in the European
context. Part II examines whether and how judges embed policy
choices or even ideologies in their decisions, and how to detect
them. Part III assesses how the ECJ acts to ensure the legitimacy
of its decisions, whether it resists implementing political
ideologies, what the ideology of European integration is, and how
the selection of judges influences these issues. Part IV uses the
critical perspective to examine some substantive parts of EU law,
rules on internal and external movement, and the European arrest
warrant. It seeks to determine whether the role of the ECJ has
really been transformative and whether that transformation is
reversible. Part V considers the role of academics in shaping the
narratives of EU integration.
It is widely recognised that international order is undergoing
transformative change and the old norms no longer apply. This
collection looks at how the EU, specifically its judicial wing, is
responding to these new challenges. It looks both externally at
those internationally shared problems of unequal societies, the
rise of populism and the migrant crisis and internally at Brexit,
the differences between the EU centre and peripheries and the
division of competences. Taking a multifaceted approach, it draws
on voices from academia and the judiciary to suggest how the EU
might respond effectively to the challenges faced.
It is generally understood that EU law as interpreted by the ECJ
has not merely reconstituted the national legal matrix at the
supranational level, but has also transformed Europe and shaken the
well-established, often formalist, ways of thinking about law in
the Member States. This innovative new study seeks to examine such
a narrative through the lens of the American critical legal studies
(CLS) perspective. The introduction explains how the editors
understand CLS and why its methodology is relevant in the European
context. Part II examines whether and how judges embed policy
choices or even ideologies in their decisions, and how to detect
them. Part III assesses how the ECJ acts to ensure the legitimacy
of its decisions, whether it resists implementing political
ideologies, what the ideology of European integration is, and how
the selection of judges influences these issues. Part IV uses the
critical perspective to examine some substantive parts of EU law,
rules on internal and external movement, and the European arrest
warrant. It seeks to determine whether the role of the ECJ has
really been transformative and whether that transformation is
reversible. Part V considers the role of academics in shaping the
narratives of EU integration.
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