de Waele, H.

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    Tilburg UniversityJudging Europe's judgesAdams, M.; de Waele, H.; Meeusen, J.; Straetmans, G.Publication date:2013Document VersionPublisher's PDF, also known as Version of recordLink to publication in Tilburg University Research PortalCitation for published version (APA):Adams, M. (Ed.), de Waele, H., Meeusen, J. (Ed.), & Straetmans, G. (Ed.) (2013). Judging Europe's judges: Thelegitimacy of the case law of the European Court of Justice. Hart Publishing.General rightsCopyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright ownersand it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.            • Users may download and print one copy of any publication from the public portal for the purpose of private study or research.            • You may not further distribute the material or use it for any profit-making activity or commercial gain            • You may freely distribute the URL identifying the publication in the public portalTake down policyIf you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediatelyand investigate your claim.Download date: 12. May. 2021Jrdging Europe's JudgesThe Legitimacy of the Case Law ofthe European Court of JusticeEdited byMaurice AdamsHenri de WaeleJohan MeeusenandGert Straetmans.HART.PUBTISHINGOXFORD AND PORTLAND, OR]]GON2013Table of ContentsPreface vAbout the Authors ixIntroduction: Judging Europe's Judges 1Maurice Adams, Henri deWaele, Johan Meeusen and Gert Straetmans1. The Court's Outer and Inner Selves: Exploring the External andInternal Legitimacy of the European Court of Justice 13Koen Lenaerts2. Adjudication by Reference to General Principles of EU Law:A Second Look at the Mangold Case Law 6tJdn Maz,ik and Martin Moser3. The Court's Case Law on the Internal Markec A CircumloquaciousStatement of the Result, Rather than a Reason for Arriving at It'? 87Stephen Weatherill4. The Legitimacy of Free Movement Case Law: Process and Substance 109Jukka Snell5. The Bubble that Bursc Exploring the Legitimacy of the Case Lawon the Free Movement of Union Citizens 1nMicbaelDougan6. Towards 'Real' Citizenship? The Judicial Construction of UnionCitizenship and its Limits 155DanielThym7. Placingthe European Union in International Contexu Legitimacyof the Case Law 775Eileen Denza8. Of Feasibility and Silent Elephants: The Legitimacy of the Court ofJustice through the Eyes of National Courts 1,97Michal BobekEpilogue: Judging the Judges - Apology and Critique 235JHH'WeilerIndex 255About the AwthorsMaurice Adams is Professor of General Jurisprudence and'vfund' Professor ofDemocratic Governance and the Rule of Law at Tilburg University, and VisitingProfessor 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 andComparative Law.Eileen Denza is formerly Legal counsellor, Foreign and commonwealth office,Counsel, EC Committee, UK House of Lords and Visiting Professor, UniversityCollege London.Henri de Waele is Senior Lecturer in European Law at the Radboud UniversityNijmegen and Guest Professor of European Institutional Law at the Universityof Antwerp.Michael Dougan is Jean Monnet Chair and Prc'fessor of European Union Lawat the University of Liverpool.Koen Lenaerts is Judge and Vice-President of the Court of Justice of the EuropeanUnion and Professor of European Law at the University of Leuven.J6nMaz6k is Professor of European union Law at Masaryk university, Brnoand a former Advocate General at the Court of Justice of the European Union.Johan Meeusen is vice-Rector and Professor of European union Law andirivate International Law at the University of Antwerp and former holder of aJean 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 AdvocateGeneral lhnMaziJrc).Jukka Snell is Professor of European Law at the University of Turku andProfessor of EU Law at Swansea University.Gert Straetmans is Professor of European Economic and Commercial Law atthe University of Antwerp and Visiting Professor at the Rheinische Friedrich-nililhelms-Universitit Bonn.Daniel Thym is Chair of Public, European and International Law and Co-Directorof the Research Centre on Immigration and Asylum Laut at Konstanz Universityx About tbe AuthorsStephen Weatherill is Jacques Delors professor of European Law, DeputyDirector for European Law ar.the Institute "i E;;.;;";ffi;;il;tive Lawat the University of Oxford and a Fellow of Somervile College. .JHH weiler was university professor and Joseph straus professor of Law andEuropean unionJean Monnet chaired prof;t;, ar New york universiry school ,,tjrrltr;,ff:]September 201.3, h. ir p;;iJ.nt of the europ."n u.,iversity

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

    Tilburg UniversityJudging Europe's judgesAdams, M.; de Waele, H.; Meeusen, J.; Straetmans, G.Publication date:2013Document VersionPublisher's PDF, also known as Version of recordLink to publication in Tilburg University Research PortalCitation for published version (APA):Adams, M. (Ed.), de Waele, H., Meeusen, J. (Ed.), & Straetmans, G. (Ed.) (2013). Judging Europe's judges: Thelegitimacy of the case law of the European Court of Justice. Hart Publishing.General rightsCopyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright ownersand it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.            • Users may download and print one copy of any publication from the public portal for the purpose of private study or research.            • You may not further distribute the material or use it for any profit-making activity or commercial gain            • You may freely distribute the URL identifying the publication in the public portalTake down policyIf you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediatelyand investigate your claim.Download date: 26. Sep. 2023Jrdging Europe's JudgesThe Legitimacy of the Case Law ofthe European Court of JusticeEdited byMaurice AdamsHenri de WaeleJohan MeeusenandGert Straetmans.HART.PUBTISHINGOXFORD AND PORTLAND, OR]]GON2013Table of ContentsPreface vAbout the Authors ixIntroduction: Judging Europe's Judges 1Maurice Adams, Henri deWaele, Johan Meeusen and Gert Straetmans1. The Court's Outer and Inner Selves: Exploring the External andInternal Legitimacy of the European Court of Justice 13Koen Lenaerts2. Adjudication by Reference to General Principles of EU Law:A Second Look at the Mangold Case Law 6tJdn Maz,ik and Martin Moser3. The Court's Case Law on the Internal Markec A CircumloquaciousStatement of the Result, Rather than a Reason for Arriving at It'? 87Stephen Weatherill4. The Legitimacy of Free Movement Case Law: Process and Substance 109Jukka Snell5. The Bubble that Bursc Exploring the Legitimacy of the Case Lawon the Free Movement of Union Citizens 1nMicbaelDougan6. Towards 'Real' Citizenship? The Judicial Construction of UnionCitizenship and its Limits 155DanielThym7. Placingthe European Union in International Contexu Legitimacyof the Case Law 775Eileen Denza8. Of Feasibility and Silent Elephants: The Legitimacy of the Court ofJustice through the Eyes of National Courts 1,97Michal BobekEpilogue: Judging the Judges - Apology and Critique 235JHH'WeilerIndex 255About the AwthorsMaurice Adams is Professor of General Jurisprudence and'vfund' Professor ofDemocratic Governance and the Rule of Law at Tilburg University, and VisitingProfessor 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 andComparative Law.Eileen Denza is formerly Legal counsellor, Foreign and commonwealth office,Counsel, EC Committee, UK House of Lords and Visiting Professor, UniversityCollege London.Henri de Waele is Senior Lecturer in European Law at the Radboud UniversityNijmegen and Guest Professor of European Institutional Law at the Universityof Antwerp.Michael Dougan is Jean Monnet Chair and Prc'fessor of European Union Lawat the University of Liverpool.Koen Lenaerts is Judge and Vice-President of the Court of Justice of the EuropeanUnion and Professor of European Law at the University of Leuven.J6nMaz6k is Professor of European union Law at Masaryk university, Brnoand a former Advocate General at the Court of Justice of the European Union.Johan Meeusen is vice-Rector and Professor of European union Law andirivate International Law at the University of Antwerp and former holder of aJean 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 AdvocateGeneral lhnMaziJrc).Jukka Snell is Professor of European Law at the University of Turku andProfessor of EU Law at Swansea University.Gert Straetmans is Professor of European Economic and Commercial Law atthe University of Antwerp and Visiting Professor at the Rheinische Friedrich-nililhelms-Universitit Bonn.Daniel Thym is Chair of Public, European and International Law and Co-Directorof the Research Centre on Immigration and Asylum Laut at Konstanz Universityx About tbe AuthorsStephen Weatherill is Jacques Delors professor of European Law, DeputyDirector for European Law ar.the Institute "i E;;.;;";ffi;;il;tive Lawat the University of Oxford and a Fellow of Somervile College. .JHH weiler was university professor and Joseph straus professor of Law andEuropean unionJean Monnet chaired prof;t;, ar New york universiry school ,,tjrrltr;,ff:]September 201.3, h. ir p;;iJ.nt of the europ."n u.,iversity

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

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