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'The role of the European judiciary in the process of European
integration cannot be overestimated. The achievements of European
integration after the second world war are usually analyzed from
the perspective of political decisions that were made, initially,
by the Founding Fathers and, subsequently, by the political leaders
of the European countries. However, in the public debate we very
often forget how much we owe to the two supreme jurisdictions of
Europe, that is the Court of Justice of the European Union and the
European Court of Human Rights. The continuing extension of the
competences of the European Union, especially in the field of
economic and monetary policy, calls for a new assessment of the
nature of the decision-making process at the European level.'--
From the foreword by Prof. Maciej Szpunar, Advocate General at the
Court of Justice of the European Union'The European judiciary i.e.
the Court of Justice of the European Union (CJEU), the European
Court of Human Rights (ECtHR) and national courts interpreting and
applying European law sensu largo have shaped [the process of
European integration] actively, alongside the Founding Fathers,
European nations, European states and their citizens. The
involvement of the judiciary raises its own wide range of questions
concerning the very nature of democracy. Much ink has already been
spilled over issues such as democratic legitimacy, subsidiarity and
accountability, the rule of law or judicial activism.[...]
seventeen scholars from across Europe [...] share their views on
the European judiciary as a challenge for democracy. The various
contributions to the present volume are split into two parts. The
first provides ten chapters on the judicial systems of the European
Union (EU), discussing, inter alia, recognition of democratic
principles in the case law of the CJEU, contribution thereof to the
democratisation of the Union and reception of EU law in the Member
States. The second part discusses the judicial means to protect
human rights in Europe, consisting of three chapters devoted to the
promise of advisory opinions of the ECtHR as well as to democratic
standards for voting and for fair trial.'-- From the preface by the
Editors'[...] the editors, authors and the publisher of this volume
decided to take a closer look at the relation between democracy and
activities of something that might be called ''European judicial
systems''. And what is intriguing these systems are perceived here
as a challenge for democracy.[...] This book does not exhaust all
problems and issues for European judicial systems confronted with
the very notion of democracy; there are simply too many of them.
But it comes with a fresh look on perhaps the most pertinent ones,
like the issue of the legal creativity of judges in both Luxembourg
and Strasbourg. It was worth waiting for this volume.'-- Prof. Dr.
Paul De Hert, Free University Brussels and Tilburg University
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