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Great Judgments of the European Court of Justice By William Phelan (Trinity College Dublin)

Great Judgments of the European Court of Justice by William Phelan (Trinity College Dublin)

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Summary

This book offers a completely new approach to the Court of Justice's most famous decisions, including an emphasis on the writings and speeches of the Court's influential French Judge, Robert Lecourt. It will be of interest to the many students and lawyers working on European law.

Great Judgments of the European Court of Justice Summary

Great Judgments of the European Court of Justice: Rethinking the Landmark Decisions of the Foundational Period by William Phelan (Trinity College Dublin)

Great Judgments of the European Court of Justice presents a new approach to understanding the landmark decisions of the European Court of Justice in the 1960s and 1970s. By comparing the Court's doctrines to the enforcement and escape mechanisms employed by more common forms of trade treaty, it demonstrates how the individual rights created by the doctrine of direct effect were connected to the practical challenges of trade politics among the European states and, in particular, to the suppression of unilateral safeguard mechanisms and inter-state retaliation. Drawing on the writings and speeches of French Judge and President of the Court, Robert Lecourt, it demonstrates that one of the Court's most influential judges shared this understanding of the logic of direct effect. This book offers a distinctive interpretation of the Court of Justice's early years, as well as of the purpose of the fundamental principles of European law.

Great Judgments of the European Court of Justice Reviews

'This book adds something original and enriching to EU law: a new perspective on direct effect which is both persuasive and disruptive. Its core argument deserves to become part of the canon of the field, something that every scholar and teacher of the law must integrate into their thinking if they wish to understand why direct effect exists and what it means for the European Union. Phelan's explanation of how direct effect made possible the ending of inter-state retaliation, and thereby the construction of supranational integration as we now know it, is based on careful analysis of a series of key judgments and the judges who wrote them. The story he tells shines a light on direct effect which is every bit as illuminating as the stories about individual rights and effectiveness upon which lawyers have relied until now.' Gareth Davies, Vrije Universiteit Amsterdam
'William Phelan's monograph presents crucial new thinking on the early jurisprudence of the European Court of Justice, contributing to a broader effort by historians, lawyers, and other social scientists to reconsider the foundations of the integration project. This book solidifies Phelan's leadership role in that critical project, providing an abundance of new insights into the Court's 'great judgments' (while adding a few new judgments to the standard canon for good measure). This is first-rate and innovative scholarship that demands the attention of both specialists and students alike.' Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, and Director, International Programs, University of Connecticut
'William Phelan tells a compelling and original story about how European legal doctrines were part of a grand plan of some of the Luxembourg judges, such as Robert Lecourt, against inter-state retaliation, self-help by Member States, and nationalist revivals. This book will be a basic reference point for future EU legal scholarship.' Fernanda G. Nicola, Director, International Organizations Law and Diplomacy, American University, Washington DC
'This book adds something original and enriching to EU law: a new perspective on direct effect which is both persuasive and disruptive. Its core argument deserves to become part of the canon of the field, something that every scholar and teacher of the law must integrate into their thinking if they wish to understand why direct effect exists and what it means for the European Union. Phelan's explanation of how direct effect made possible the ending of inter-state retaliation, and thereby the construction of supranational integration as we now know it, is based on careful analysis of a series of key judgments and the judges who wrote them. The story he tells shines a light on direct effect which is every bit as illuminating as the stories about individual rights and effectiveness upon which lawyers have relied until now.' Gareth Davies, Vrije Universiteit Amsterdam
'William Phelan's monograph presents crucial new thinking on the early jurisprudence of the European Court of Justice, contributing to a broader effort by historians, lawyers, and other social scientists to reconsider the foundations of the integration project. This book solidifies Phelan's leadership role in that critical project, providing an abundance of new insights into the Court's 'great judgments' (while adding a few new judgments to the standard canon for good measure). This is first-rate and innovative scholarship that demands the attention of both specialists and students alike.' Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, and Director, International Programs, University of Connecticut
'William Phelan tells a compelling and original story about how European legal doctrines were part of a grand plan of some of the Luxembourg judges, such as Robert Lecourt, against inter-state retaliation, self-help by Member States, and nationalist revivals. This book will be a basic reference point for future EU legal scholarship.' Fernanda G. Nicola, Director, International Organizations Law and Diplomacy, American University, Washington DC

About William Phelan (Trinity College Dublin)

William Phelan is Associate Professor and Jean Monnet Chair of Politics and Law at Trinity College Dublin. His previous book on the European Court of Justice, entitled In Place of Inter-state Retaliation (2015), was awarded the Brian Farrell Book Prize of the Political Studies Association of Ireland.

Table of Contents

Introduction; 1. Pork products, 1961 - no unilateral safeguards; 2. Van Gend en Loos, 1963 - direct effect; 3. Costa v. ENEL, 1964 - supremacy; 4. Dairy products, 1964 - no inter-state retaliation; 5. International fruit, 1972 - no direct effect for the GATT; 6. Van Duyn, 1974 - direct effect of directives; 7. Simmenthal, 1978 - obligations of 'lower' national courts; 8. Sheep meat, 1979 - no inter-state retaliation revisited; 9. Internationale Handelsgesellschaft, 1970 - protection of fundamental rights; 10. States and individuals in the great judgments of the European Court of Justice, 1961-1979.

Additional information

GOR010823015
Great Judgments of the European Court of Justice: Rethinking the Landmark Decisions of the Foundational Period by William Phelan (Trinity College Dublin)
Used - Like New
Hardback
Cambridge University Press
2019-06-13
276
1108499082
9781108499088
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins

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