The Resource The politics of judging EU law : a new approach to national courts in the legal integration of Europe, Juan Antonio Mayoral Díaz-Asensio

The politics of judging EU law : a new approach to national courts in the legal integration of Europe, Juan Antonio Mayoral Díaz-Asensio

Label
The politics of judging EU law : a new approach to national courts in the legal integration of Europe
Title
The politics of judging EU law
Title remainder
a new approach to national courts in the legal integration of Europe
Statement of responsibility
Juan Antonio Mayoral Díaz-Asensio
Creator
Contributor
Subject
Language
eng
Summary
This research aims to present a comprehensive analysis of the political and institutional processes that are at work in the judicial application of EU law on a national level. As a main novelty, the research intends to go beyond judicial behaviour models that focus predominantly on explaining the use of preliminary references. One could namely suggest that the way national courts participate in the preliminary reference procedure is not sufficient to assess the available modes for the judicial integration of Europe. Accordingly, the study considers the impact of political institutional and attitudinal factors affecting the judicial enforcement of EU law. This is done by posing new questions, for instance, the relevance of national judges' preferences towards EU legal order and institutions, as well as by evaluating and reviewing the impact of political and legal institutions on their behaviour and its consequences for policy areas. First of all, the analysis confirms the influence of judges' evaluation of EU institutions and their national counterparts on their self-perception as EU judges and, subsequently, in the application of EU law. Secondly, the study shows how national institutions, like governments and national high courts, play a prominent role in shaping national courts' incentives for the application of EU law, as they may use their institutional power to circumvent judges' decisions. Finally, it reviews the strategic use of European instruments such as the CJEU precedent and its doctrines (e.g. supremacy) to overcome domestic threats when applying EU law. To conclude, the study tries to expand the explanatory power of the middle range accounts of the role national courts played, by integrating the analytical strength of the legalist/ intergovernmentalist theories into neo-functionalism
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Mayoral Díaz-Asensio, Juan Antonio
Date time place
Defence date: 5 December 2013
Dissertation note
Thesis (Ph. D.)--European University Institute (SPS), 2013.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • International and municipal law
  • Courts
  • Justice, Administration of
Label
The politics of judging EU law : a new approach to national courts in the legal integration of Europe, Juan Antonio Mayoral Díaz-Asensio
Instantiates
Publication
Note
Examining Board: Professor Adrienne Héritier, European University Institute/ Robert Schuman Centre for Advanced Studies (Supervisor); Professor Bruno de Witte, European University Institute/Maastricht University; Professor Marlene Wind, University of Copenhagen; Professor Alec Stone Sweet, Yale University
Bibliography note
Includes bibliographical references (pages 288-306)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17463245
Dimensions
30 cm.
Extent
306 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)1088500352
Label
The politics of judging EU law : a new approach to national courts in the legal integration of Europe, Juan Antonio Mayoral Díaz-Asensio
Publication
Note
Examining Board: Professor Adrienne Héritier, European University Institute/ Robert Schuman Centre for Advanced Studies (Supervisor); Professor Bruno de Witte, European University Institute/Maastricht University; Professor Marlene Wind, University of Copenhagen; Professor Alec Stone Sweet, Yale University
Bibliography note
Includes bibliographical references (pages 288-306)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb17463245
Dimensions
30 cm.
Extent
306 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
Other physical details
illustrations
System control number
(OCoLC)1088500352

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