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The Court of Justice in times of politicisation: ‘law as a mask and shield’ revisited

Journal of European Public Policy, 2020
This contribution analyses if and under what conditions bottom-up pressures constrain the Court of Justice of the European Union (CJEU). Neofunctionalists famously explained the power of the Court by its use of ‘law as a mask and shield’.
Michael Blauberger, Dorte Sindbjerg Martinsen   +1 more
exaly   +2 more sources

Building legitimacy: strategic case allocations in the Court of Justice of the European Union

Journal of European Public Policy, 2020
Does the President of the Court of Justice of the European Union (CJEU) make strategic use of his members? Cases in the CJEU are prepared by a ‘judge-rapporteur’ who acts as an agenda setter.
Silje Synnøve Lyder Hermansen
exaly   +2 more sources

The European Court of Justice and its political impact

West European Politics, 2017
This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels.
Michael Blauberger, Susanne K Schmidt
exaly   +2 more sources

Has the Court changed, or have the cases? The deservingness of litigants as an element in Court of Justice citizenship adjudication

Journal of European Public Policy, 2018
In recent cases concerning mobile citizens and access to social assistance the Court has sided with Member States against the litigating citizens. Given that in early cases it sided with the litigants, this has created the impression of a change in ...
Gareth Davies
exaly   +2 more sources

Whales, science, and scientific whaling in the International Court of Justice. [PDF]

Proc Natl Acad Sci U S A, 2016
Mangel M.
europepmc   +2 more sources

ANALYSIS OF THE PRACTICE OF EXEMPTION FROM CRIMINAL LIABILITY WITH THE APPOINTMENT OF A JUDICIAL FINE BY THE COURTS OF THE PRIMORSKY REGION

Теоретическая и прикладная юриспруденция, 2022
The practice of liberation from criminal responsibility with the appointment of a judicial fine by the courts of the Primorsky region is generalized. The reasons for the application or refusal to apply a criminal-law arrangements in the form of a judicial
M. A. Khrebtova, Ya. V. Tarasova
doaj   +1 more source

Judicial Law-Making in the Criminal Decisions of the Polish Supreme Court and the German Federal Court of Justice: A Comparative View

International Journal for the Semiotics of Law, 2023
This paper investigates the phenomenon of judicial law-making in the practice of the highest courts dealing with criminal matters in Germany and Poland on the basis of 200 of their decisions.
Maciej Małolepszy, Michał Głuchowski
semanticscholar   +1 more source

Human Resources Management Strategy in the Military Justice Environment: Study of State Civil Apparatus Management at the High Court of the Supreme Court of the Republic of Indonesia

The International Journal of Science and Society, 2023
The Supreme Court is a judicial institution vested with authority to exercise judicial power in four separate branches of the judiciary, namely the General Courts, Religious Courts, Administrative Courts, and Military Courts.
Zidny Taqiyya, Asropi, Ratri Istania
semanticscholar   +1 more source

To intervene or not to intervene: intervention before the court of justice of the european union in environmental and migration law

International Journal of Human Rights, 2022
Little is known about the (legal) possibilities and practice of intervention before the Court of Justice of the EU, despite a seeming growth in strategic litigation by NGOs, especially in areas such as migration and the environment.
J. Krommendijk, Kris van der Pas
semanticscholar   +1 more source

The role of precedent in the jurisprudence of the International Court of Justice: A constructive interpretation

Leiden Journal of International Law, 2022
In cases that come before the International Court of Justice (‘the ICJ’, or ‘the Court’), its own jurisprudence looms large. This is despite the fact that no rule of stare decisis operates before the ICJ. The juxtaposition of the facts expressed in these
J. Devaney
semanticscholar   +1 more source