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4 - Luhmann in Luxembourg

The Rise of the Rule of Law Model

Published online by Cambridge University Press:  15 September 2022

Christoph Krenn
Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
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Summary

The third chapter describes how the the re-definition of the ECJ’s role from the 1960s onwards has affected its procedural and organisational law. It is well known that through decisions such as Van Gend en Loos and Costa v ENEL, the ECJ contributed to changing its mandate: from protecting the interests of the Member States to aiming to establish EU law as an autonomous and effective legal system. This chapter tells the story of how the Court’s procedure, organisation and decision-making was adpated to effectively exercise this new role. The chapter shows in detail the vast transformation the Court’s organisation and decision-making has undergone. It explains how the role of the ECJ judge was developed from state representative to neutral expert, how an inner circle of ECJ participants gradually formed that plays a central role for the acceptance and dissemination of the Court’s case law and which procedural mechanisms were devised to make ECJ decision-making more hierarchical in order to foster and maintain consistency in the Court’s case law.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Luhmann in Luxembourg
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.005
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  • Luhmann in Luxembourg
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Luhmann in Luxembourg
  • Christoph Krenn
  • Book: The Procedural and Organisational Law of the European Court of Justice
  • Online publication: 15 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781009247924.005
Available formats
×