The Court of Justice of the European Union: Multidisciplinary Perspectives (Swedish Studies in European Law, 10)

In 2017, the Court of Justice of the European Union (CJEU) celebrated 65 years and has thereby achieved retirement age in most EU Member States. If it were to retire, the Court would be able to look back at a fascinating journey, from its relatively humble beginning on 4 December 1952 as part of the then brand-new European Coal and Steel Community, to one of the most important and exciting judicial institutions in Europe, perhaps in the entire world. The need to understand the CJEU has never been greater. This volume is dedicated to improving our understanding of the Court in relationship to other actors, including other EU institutions, the Member States, national courts, third countries, and international organisations. It is based on a conference arranged by the Swedish Network for European Legal Studies (SNELS) held at Stockholm University in December 2016, and includes contributions by both lawyers and researchers in other fields, as well as current members of the Court. Preface Table of Contents List of Contributors 1 The Court of Justice Then, Now and Tomorrow 1. Introduction 2. The Court of Justice Then 3. The Court of Justice Now 4. The Court of Justice Tomorrow? 2 Preliminary Rulings to the CJEU and the Swedish Judiciary: Current Developments 1. Introduction 2. The Commission's Action against Sweden—A Backdrop 3. The Duty to give Reasons for Decisions not to Refer to the CJEU and Swedish Practice 4. Requests by Swedish Courts for Preliminary Rulings 2010-2015. How does Sweden fare? 5. Types of Cases Referred 6. Explanations of the Restrictive Attitude 3 A Dynamic Analysis of Judicial Behaviour: The Auto-Correct Function of Constitutional Pluralism 1. Introduction to the Auto-Correct Function 2. The EU Perspective in the Analysis 3. The Member State Perspective in the Analysis 4. Conclusion 4 Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union 1. Introduction 2. The European Union and International Agreements 3. Pre-Ratification Judicial Review 4. Ex Ante Opinions in Action: The use of Article 218(11) TFEU 5. The Far Side of Agreements: Ex Post 6. Issues in posterum 7. Forward Thinking 5 Serving Two Masters: CJEU Case Law in Swedish First Instance Courts and National Courts of Precedent as Gatekeepers 1. Introduction: CJEU Jurisprudence and Union Courts of Ordinary Jurisdiction 2. Theory: A Three-Tiered EU Judiciary? 3. Method: Measuring Influence 4. 'We Don't Need No Education': CFI Citation Independence 5. The Master Has Spoken? (Potential) CoP Citation Influence 6. Conclusions–Is there Something Rotten in the State of Sweden? 6 The Role of the Court in Limiting National Policy-Making: Requiring Safeguards against the Arbitrary Use of Discretion 1. Introduction 2. Is it Activist for the Court to Limit National Policy-Making? 3. Proportionality Assessment and National Margin of Appreciation 4. Safeguards against the Arbitrary Use of Discretion 5. Conclusion 7 Institutional Balance as Constitutional Dialogue: A Republican Paradigm for the EU 1. Introduction: A Republican Paradigm of Non-Domination for the EU 2. Institutional Balance as Legitimate Government 3. The Republican Model of Institutional Balance as Constitutional Dialogue 4. Who has the Ultimate Authority on the Institutional Balance? The Role of the CJEU in Shaping the Institutional Balance 5. Extra-judicial Actors and the Mutual Interdependency of the Institutional Balance 6. Conclusion 8 House of Cards in Luxemburg?: A Brief Defence of the Strategic Model of Judicial Politics in the Context of the European Union 1. Introduction 2. The Separation of Powers Model 3. Empirical Application of the SOP Model to the CJEU 4. Conclusions 9 Referring Court Influence in the Preliminary Ruling Procedure: The Swedish Example 1. Introduction 2. Previous Research 3. Method and Materials 4. Findings 5. Discussion and Conclusions Appendix: Table of Cases Included in the Study, by Referring Court and in Chronological Order 10 Citizen Control through Judicial Review 1. Introduction 2. Purpose and Method 3. When and Why Do Member States Resort to the Choice of Legality Review? 4. Constitutional Review in the Member States 5. The function of the Ultra Vires Test 6. The Way Forward: Actio Popularis 7. Summary 11 The Scandinavians: The Foot-dragging supporters of European Law? 1. Introduction 2. Studying Courts and Society: The Theoretical Approach 3. Why Do National Courts have Different Reference Patterns? 4. Conclusions 12 On Specialisation of Chambers at the General Court 1. Introduction 2. The Different Calls for Specialised Chambers at the General Court 3. Increased Specialisation: A Way Forward to Deal with Complex Cases? 4. Increased Specialisation: A Way to Increase the Quality in Judicial Decision Making 5. Increased Specialisation: A Way to Increase Legal Coherence and Openness in Judicial Decision Making 6. Conclusions Index The court of justice then, now and tomorrow / Anthony Arnull -- Preliminary rulings to the CJEU and the Swedish Judiciary? Current developments / Ulf Bernitz -- A dynamic analysis of judicial behaviour: the auto-correct function of constitutional pluralism / Ana Bob¡c -- Pre-ratification judicial review of international agreements to be concluded by the European Union / Graham Butler -- Serving two masters: CJEU case law in Swedish first instance courts and national courts of precedence as gatekeepers / Mattias Derlén and Johan Lindholm -- The role of the court in limiting national policy-making? Requiring safeguards against the arbitrary use of discretion / Angelica Ericsson -- Institutional balance as constitutional dialogue: a Republican paradigm for the EU / Desmond Johnson -- House of Cards in Luxemburg? A brief defence of the strategic model of judicial politics in the context of the European Union / Olof Larsson and Daniel Naurin -- Referring court influence in the preliminary ruling procedure: the Swedish example / Anna Wallerman -- Citizen control through judicial review / Anna Wetter Ryde -- The Scandinavians? The foot-dragging supporters of European law? / Marlene Wind -- On specialisation of chambers at the General Court -- Ulf Berg, Mohamed Ali and Pauline sabouret In 2017, the Court of Justice of the European Union (CJEU) celebrated 65 years and has thereby achieved retirement age in most EU Member States. If it were to retire, the Court would be able to look back at a fascinating journey, from its relatively humble beginning on 4 December 1952 as part of the then brand-new European Coal and Steel Community, to one of the most important and exciting judicial institutions in Europe, perhaps in the entire world. The need to understand the CJEU has never been greater. This open access book is dedicated to improving our understanding of the Court in relationship to other actors, including other EU institutions, the Member States, national courts, third countries, and international organisations. It is based on a conference arranged by the Swedish Network for European Legal Studies (SNELS) held at Stockholm University in December 2016, and includes contributions by both lawyers and researchers in other fields, as well as current members of the Court. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network