The Impact of the European Court of Justice on Neighbouring Countries

REICH Arie

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Description du produit

Résumé

There is a considerable mismatch between theories on the influence of the EU outside its borders and concrete knowledge on whether and to what extent the suggested impact is of any practical relevance. The aim of this book, therefore, is to help close that gap in the knowledge concerning the role and function of the Court of Justice of the European (CJEU) outside its own borders in selected countries. Scholars from Armenia, Azerbaijan, Georgia, Israel, Jordan, Russia, Switzerland, Tunisia, Turkey, Ukraine and the Eurasian Economic Union have researched and explored how their respective countries have been influenced by the CJEU. This title looks at 'why' along with 'how' these decisions have been utilized. All of this culminates in an effort to be able to rank the degree to which the CJEU is influencing non-EU jurisdictions according to a common scale.

Looking across the selected countries, this title analyses the research provided by the scholars. This includes a brief description of the relationship and agreements between the EU and the country, a concise history of the country's judiciary, a full account of the extent to which the country's courts have cited CJEU judgements, and an analysis of that extent and the impact they have had. Other factors are explored as well, such as countries who want to join the EU might aim for more legal harmonization between them and the EU. These metrics are used to compare across the neighbourhood countries and draw conclusions about CJEU influence and impact outside of the EU.

This comprehensive edited collection is an in-depth look at the actual impact of the CJEU in neighbourhood countries, providing crucial information in an overlooked field of EU law.

Table des matières

Introduction, General Perspectives and Impact on Other Regional Courts
Introduction: Description of the Research Project, Arie Reich and Hans Micklitz
1:The Global Reach of EU Law, Joanne Scott
2:The European Court of Justice in Dialogue with Other Courts and Tribunals: The Court as a Giver and a Taker, Allan Rosas
3:The Influence of CJEU Judgments on the Legal Order of the Eurasian Economic Union, Maksim Karliuk
The Impact of the CJEU in Continential Europe and Beyond
4:The ECJ in Swiss Case-Law: A Quantitative/Qualitative Analysis, Francesco Maiani
5:The Impact of the ECJ on the Turkish Legal System, Ulas Karan
The Impact of the CJEU in Post-Soviet States
6:The Impact of the ECJ on the Russian Legal System, Paul Kalinichenko
7:The Impact of the ECJ on the Legal System of Ukraine, Roman Petrov
8:The Court of Justice of the EU and the Armenian Legal Order, Narine Ghazaryan
9:The Influence of CJEU on Azerbaijan, Azar Aliyev
10:The Influence of CJEU on Georgia, Gaga Gabrichidze
The Impact of the CJEU in the Middle East and North Africa
11:The Impact of the EU Court of Justice on the Israeli Legal System, Arie Reich
12:The Influence of CJEU Judgments on Jordan, Abdullah Nawafleh
13:The Impact of the ECJ: The Case of Tunisia, Béligh Elbalti
General Conclusions from the Project
14:General Conclusions: Where and How is the CJEU Influencial Outside the EU? Some Policy Recommendations, Arie Reich and Hans Micklitz