3 Review(s)

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. Table of Contents Part I: 1. Theorising the relationship between the judiciary and the legislature in the EU internal market 2. A competence to protect: the pursuit of non-market aims through internal market legislation Part II: 3. Free movement of goods and EU legislation in the Court of Justice 4. Minimum harmonisation, free movement and proportionality 5. Legislatures, courts and the Unfair Terms Directive 6. The Unfair Commercial Practices Directive: a successful example of legislative harmonisation? 7. The EU media market and the interplay between the legislature and the judiciary 8. The EU social security coordination system: a close interplay between the EU legislature and judiciary 9. Internal market architecture and the accommodation of labour rights: as good as it gets? Part III: 10. The interactions between the legislature and the judiciary in EU external relations 11. Changing Treaty and changing economic context: the dynamic relationship of the legislature and the judiciary in the pursuit of capital liberalisation 12. The judiciary, the legislature and the evolution of Union citizenship 13. The third age of EU citizenship: Directive 2004/38 in the case law of the Court of Justice.