Judging Europe's judges: The legitimacy of the case law of the European Court of Justice

Tilburg University

Judging Europe's judges

Adams, M.; de Waele, H.; Meeusen, J.; Straetmans, G.

Publication date:

2013

Document Version

Publisher's PDF, also known as Version of record

Link to publication in Tilburg University Research Portal

Citation for published version (APA):

Adams, M. (Ed.), de Waele, H., Meeusen, J. (Ed.), & Straetmans, G. (Ed.) (2013). Judging Europe's judges: The

legitimacy of the case law of the European Court of Justice. Hart Publishing.

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Jrdging

Europe's

Judges

The

Legitimacy

of

the

Case

Law

of

the European

Court

of

_Justice

Edited

by

Maurice

Adams

Henri

de

Waele

Johan Meeusen

and

Gert

Straetmans

.HART.

PUBTISHING

OXFORD AND

PORTLAND,

OR]]GON

Table

of

Contents

Preface

v

About the

Authors

ix

Introduction: Judging Europe's

Judges

1

Maurice Adams, Henri deWaele, Johan Meeusen and Gert Straetmans

1.

The Court's Outer and Inner Selves: Exploring the External and

Internal Legitimacy

of

the European Court

of

Justice

13 Koen Lenaerts

2.

Adjudication by Reference to General Principles

of

EU Law:

A Second

Look

at the Mangold Case

Law

6t

Jdn Maz,ik and

Martin

Moser

3.

The Court's Case Law on the Internal

Markec A

Circumloquacious

Statement

of

the Result, Rather than a Reason for

Arriving

at

It'?

87 Stephen Weatherill

4.

The Legitimacy

of

Free Movement Case Law: Process and

Substance

109

Jukka Snell

5.

The Bubble that Bursc Exploring the Legitimacy

of

the Case Law

on the Free Movement

of

Union

Citizens

1n

MicbaelDougan

6.

Towards 'Real' Citizenship? The _{Judicial Construction}

of

Union

Citizenship and its

Limits

155

DanielThym

7.

Placingthe European Union in International Contexu Legitimacy

of

the Case

Law

775 Eileen Denza

8.

Of

Feasibility and Silent Elephants: The Legitimacy

of

the Court

of

Justice through the Eyes

of National

Courts

1,97

Michal Bobek

Epilogue: Judging the Judges

-

Apology and

Critique

235

JHH'Weiler

About

the

Awthors

Maurice Adams is Professor

of

General Jurisprudence

and'vfund'

Professor

of

Democratic Governance and the Rule

of

Law at Tilburg University, and Visiting

Professor at the Universities

of

Antwerp and Leuven.

Michal

Bobek is Professor

of

European Union Law at the College

of

Europe,

Bruges and Research Fellow at the Oxford University Institute

of

European and Comparative Law.

Eileen Denza is formerly Legal counsellor, Foreign and commonwealth

office,

Counsel, EC Committee, UK House

of

Lords and Visiting Professor, University College London.

Henri

de Waele is Senior Lecturer in European Law at the Radboud University

Nijmegen and Guest Professor

of

European Institutional Law at the University

of

Antwerp.

Michael Dougan is Jean Monnet Chair and Prc'fessor

of

European Union Law at the University

of

Liverpool.

Koen Lenaerts is Judge and Vice-President of the Court of Justice of the European

Union and Professor of European Law at the University

of

Leuven.

J6nMaz6k

is Professor

of

European

union

Law at Masaryk university, Brno

and a former Advocate General at the Court of _Justice

of

the European Union. Johan Meeusen

is

vice-Rector

and

Professor

of

European

union

Law

and

irivate

International Law at the University

of

Antwerp and former holder

of

a Jean Monnet Chair ad Personam.

Martin Moser

is rbfbrendaire

at

the

Court of

Justice

of

the European Union

(cabinet

of

_Judge

sini$a Rodin; formerly inter alia, cabinet

of

Advocate

General lhnMaziJrc).

Jukka

Snell

is

Professor

of

European

Law

at

the

University

of

Turku

and

Professor

of

EU Law at Swansea University.

Gert

Straetmans is Professor

of

European Economic and Commercial Law at

the University

of

Antwerp

and

Visiting

Professor

at

the Rheinische

Friedrich-nililhelms-Universitit Bonn.

x

About tbe Authors

Stephen Weatherill

_is

_Jacques

_Delors

professor

_of

_European

Law,

Deputy Director for European

_Law

_{ar.the Institute}

"i

E;;.;;";ffi;;il;tive

Law

at the University

of

Oxford and a Fellow

of

Somervile

_College.

.

JHH weiler

was university _{professor and}

Joseph straus professor

_of

_{Law and}

European _{unionJean Monnet chaired}

_prof;t;,

ar New york universiry _school ,