The European Judiciary - (Modern Studies in European Law) by Alejandro Saiz Arnaiz & Joan Solanes Mullor (Hardcover)

About the Book

"In this open access book, leading Spanish scholars explore the role and function of the judicial levels of interaction of the European integration process. 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"--

Book Synopsis

This open access book provides a compelling re-examination of the European Union judiciary, encompassing the European Court of Human Rights, the Court of Justice of the European Union and constitutional courts, as explored by prominent scholars from the Spanish academic community.

Organised into three substantive parts, the book explores the essential interplay between these judicial bodies, emphasising how their distinct roles, challenges and evolutions are deeply interconnected. Together, these institutions form a cohesive yet occasionally tension-filled 'community of judges' that collaborates, interacts, and sometimes diverges in shaping the legal landscape of Europe.

The first part examines the institutional framework and the foundational role of the European Court of Human Rights, focusing on its influence on European legal norms and human rights protections. The second part addresses the institutional challenges faced by the Court of Justice of the European Union, including its function as a cornerstone of EU law and its interactions with other courts. The final part investigates the role of constitutional courts within EU Member States, highlighting their responses to European integration and their dynamic relationships with supranational courts.

By exploring the interdependencies, mutual influences, and occasional tensions within this 'community of judges', the book reveals how these courts, in collaboration with European scholarship, collectively contribute to a broader 'community of law' that continues to shape the legal and political order of Europe.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

About the Author

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.