| Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe Contributor(s): Alter, Karen J. (Author) |
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ISBN: 0199243476 ISBN-13: 9780199243471 Publisher: Oxford University Press, USA OUR PRICE: $76.00 Product Type: Hardcover - Other Formats Published: September 2001 Annotation: How did the European Community's legal system become the most effective international legal system in the world? This book starts where traditional legal accounts leave off, explaining why national judiciaries took on a role enforcing European law supremacy against their governments. It also shows why national governments accepted an institutional change that greatly compromised national sovereignty. |
| Additional Information |
| BISAC Categories: - Law | Comparative - Law | International |
| Dewey: 341.242 |
| LCCN: 2001280512 |
| Physical Information: 0.81" H x 6.28" W x 9.66" (1.24 lbs) 284 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: The most effective international legal system in the world exists in Europe. It works much like a domestic system, where violations of the law are brought to court, legal decisions are respected, and the autonomous influence of law and legal rulings extends into the political process itself. The European legal system was not always so effective at influencing state behavior and compelling compliance. Indeed the European Community's original legal system was intentionally designed to have very limited monitoring and enforcement capabilities. The European Court of Justice transformed the original system through bold and controversial legal decisions declaring the direct effect and supremacy of European law over national law. This book starts where traditional legal accounts leave off. Karen Alter explains why national courts took on a role enforcing European law against their governments, and why national governments accepted an institutional change that greatly compromised national sovereignty. She then shows how harnessing national courts to funnel private litigant challenges through to the ECJ and enforce European law supremacy contributed fundamentally to the emergence of an international rule of law in Europe, where national governments are held accountable to their European legal obligations, and where states actually avoid policies that might conflict with European law. |