The Judiciary, the Legislature and the EU Internal Market
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By tracing the way in which the CJEU and
national courts react to legislation and Treaty reform, and the way in which the
Member States, Commission and other actors in the legislative process react to
judicial interventions, this collection of essays explores the nature of the
dynamic relationship between courts and legislatures within the EU. It is clear
that the boundaries between the legal and political realms are contested and
that the judiciary and the legislature are engaged in a struggle, not so much
about the substantive contours of the internal market project, but rather about
their relative institutional positions. The contributors consider all aspects of
the internal market project, from goods to capital and citizenship, examining
areas where there has been significant Treaty change as well as those in which
the Treaty framework has remained substantially unaltered.
