ABSTRACT

Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification.

Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

chapter |28 pages

Constructing a Model of Judicial Behaviour

Theoretical Framework

chapter |18 pages

EU Primary Law Before the Guardians of the Constitution

Courts' Decisions on the Merits

chapter |32 pages

Kompetenz-Kompetenz—The Doctrine of the Last Say

The Interpretative Decisions of Courts

chapter |28 pages

The Legal Dimension

Assessing Judicial Behaviour from the Viewpoint of Legal Rules

chapter |32 pages

The Political Dimension

A Pro-ratification Context

chapter |29 pages

The Judicial Dimension

Institutional Design and Decisional Dynamics

chapter |18 pages

Judicial Behaviour as a Result of Complex Causation

A QCA Approach to the Juridical Dynamics of Treaty Ratification

chapter |10 pages

Conclusions and Some Final Reflections

chapter |12 pages

Methodological Appendix