Community of Law and Community of Judges

This book offers a thought-provoking reappraisal of the EU judiciary (the European Court of Justice, the European Court of Human Rights, and the constitutional courts) by leading scholars from the Spanish academy. This open access book is divided into 3 substantive parts. It firstly looks at institutional dimension and the role of the European Court of Human Rights. It then goes on to examine the institutional challenges for the Court of Justice of the European Union. Finally it looks at the evolution and reaction of constitutional courts in the aftermath of the European integration process. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Auteur

Alejandro Saiz Arnaiz is Professor of Constitutional Law at Pompeu Fabra University, Spain.
Joan Solanes Mullor is Professor of Constitutional Law at Pompeu Fabra University, Spain.

Contenu

Part I. The European Court of Human Rights
Chapter I. Time of Courts: International Jurisdiction at the Origin of European Integration
Chapter II. Contrapunctual Dialogues with the European Court of Human Rights?
Chapter III. Formal and Informal Ways of Integration in the European System of Protection of Human Rights
Chapter IV. The European Court of Human Rights Before Inter-State Cases in the Field of Armed Conflicts: Perspectives and Difficulties
Part II. The Court of Justice of the European Union
Chapter V. Autonomy of EU law versus International Adjudication
Chapter VI. The Primacy of the EU law in a New Union
Chapter VII. The Pending Reform of the Court of Justice of the European Union: the Proposal to Transfer (certain) Preliminary Rulings to the General Court
Chapter VIII. The Interpretation of the Constitution in light of the Charter of Fundamental Rights of the European Union
Part III. Constitutional Courts
Chapter IX. How Constitutional Courts Learnt that Living in Groups is an Adaptation to Increase the Efficiency of Hunting
Chapter X. The Constitution of the Member State at the Crossroads of the Union and the National Judiciary
Chapter XI. Building a European Criminal Law: Constitutional Courts on Watch
Chapter XII. Limits to the Constitutional Control of EU Law?