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.
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Offers a thought-provoking reappraisal of the EU judiciary (the European Court of Justice, the European Court of Human Rights, and the constitutional courts) by leading scholars from the Spanish academy.
List of Contributors
The European Judiciary: A Community of Judges as a Functional and Evolving
Instrument of Constitutional Pluralism, Alejandro Saiz Arnaiz and Joan
Solanes Mullor
Part I. The European Court of Human Rights: Protecting Human Rights in a
Pluralistic Europe
1. Formal and Informal Integration in the European System of Human Rights
Protection, Luis López Guerra
2. Contrapunctual Dialogue with the European Court of Human Rights?, Rafael
Bustos Gisbert
3. The European Court of Human Rights in Inter-State Applications relating to
International Armed Conflicts: Prospects and Difficulties, Paz Andrés Sáenz
de Santa María
Part II. The Court of Justice of the European Union: Managing the Challenges
of Primacy and Pluralism
4. The Primacy of Union Law: Fit for Purpose?,Daniel Sarmiento
5. The Obligation to Interpret National Law, including National
Constitutions, in Conformity with European Union Law, Juan Ignacio
Ugartemendía Eceizabarrena
6. The 2024 Reform of the Statute of the Court of Justice of the EU and the
Transformation of the EU Judicial System: Preliminary Rulings before the
General Court of the EU, Sara Iglesias Sánchez
7. The Jurisdiction of the Court of Justice of the European Union in the
Field of Common Foreign and Security Policy, Javier Díez-Hochleitner
Part III. Constitutional Courts: Navigating Integration and Autonomy
8. On the Guardians of the EU-Member State Constitution: Redefining the Roles
of the European and National Judiciaries, Pedro Cruz Villalón
9. The Europeanisation of the Constitutional Parameter of Review: A
By-product of the EU Charter of Fundamental Rights, Xabier Arzoz
10. European Criminal Law and Constitutional Courts. Constructing a
Fundamental-Rights Narrative Through Militant Cooperation, Maribel González
Pascual
11. The Controversial Question of Constitutional Protection regarding the
Primacy of Union Law, Cristina Izquierdo Sans
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.
