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The State of the European Union, 6Law, Politics, and Society$
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Tanja A. Börzel and Rachel A. Cichowski

Print publication date: 2003

Print ISBN-13: 9780199257409

Published to Oxford Scholarship Online: April 2004

DOI: 10.1093/019925740X.001.0001

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The European Court of Justice and the Evolution of EU Law

The European Court of Justice and the Evolution of EU Law

(p.48) 3 The European Court of Justice and the Evolution of EU Law
The State of the European Union, 6

Gráinne de Búrca

Oxford University Press

Considers the role that the European Court of Justice (ECJ) has played in the evolution of EU law, and places recent developments in the context of longer‐term trends in the jurisprudence of the Court. Rather than debating the question of what kind of institutional actor the ECJ is within the EU political system, the chapter proceeds on the premise that the Court is a purposive actor that nonetheless considers itself to be constrained in significant ways by the text of the EC Treaties, by its own previous body of case law, and in different ways by the political and social context within which it operates. Reflects on the polity‐shaping impacts of the case law of the ECJ, including the effects on EU and national political organizations and on the notion of a European citizen, and, finally, how the Court may or may not be responding to the changing nature of EU law. Various case studies on case law are included. The four sections of the chapter are: Introduction; The Court and the Political Decision‐Making Bodies: Policing of the Bounds of EU Power; The Court and the Individual; and Conclusion.

Keywords:   case law, case studies, constraints, decision making, EC Treaties, EU law, EU political organizations, EU Power, European citizens, European Court of Justice, EU, jurisprudence, national political organizations, political organizations

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