In 2017, the Court of Justice of the European Union (CJEU) celebrated 65 years and has thereby achieved retirement age in most EU Member States. If it were to retire, the Court would be able to look back at a fascinating journey, from its relatively humble beginning on 4 December 1952 as part of the then brand-new European Coal and Steel Community, to one of the most important and exciting judicial institutions in Europe, perhaps in the entire world.
The need to understand the CJEU has never been greater. This volume is dedicated to improving our understanding of the Court in relationship to other actors, including other EU institutions, the Member States, national courts, third countries, and international organisations. It is based on a conference arranged by the Swedish Network for European Legal Studies (SNELS) held at Stockholm University in December 2016, and includes contributions by both lawyers and researchers in other fields, as well as current members of the Court.
Mattias Derlen and Johan Lindholm are both Professors of Law at the Department of Law, Umea University, Sweden.
1. The Court of Justice Then, Now and Tomorrow Anthony Arnull 2. Preliminary Rulings to the CJEU and the Swedish Judiciary: Current Developments Ulf Bernitz 3. A Dynamic Analysis of Judicial Behaviour: The Auto-Correct Function of Constitutional Pluralism Ana Bobic 4. Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union Graham Butler 5. Serving Two Masters: CJEU Case Law in Swedish First Instance Courts and National Courts of Precedent as Gatekeepers Mattias Derlen and Johan Lindholm 6. The Role of the Court in Limiting National Policy-Making: Requiring Safeguards against the Arbitrary Use of Discretion Angelica Ericsson 7. Institutional Balance as Constitutional Dialogue: A Republican Paradigm for the EU Desmond Johnson 8. House of Cards in Luxemburg?: A Brief Defence of the Strategic Model of Judicial Politics in the Context of the European Union Olof Larsson and Daniel Naurin 9. Referring Court Influence in the Preliminary Ruling Procedure: The Swedish Example Anna Wallerman 10. Citizen Control through Judicial Review Anna Wetter Ryde 11. The Scandinavians: The Foot-dragging supporters of European Law? Marlene Wind 12. On Specialisation of Chambers at the General Court Ulf OEberg, Mohamed Ali and Pauline Sabouret