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Flexibility and the European Court of Justice.

Lyons, Carole

Authors



Contributors

Gráinne de Búrca
Editor

Joanne Scott
Editor

Abstract

The purpose of this chapter is to discuss the ways in which the Amsterdam Treaty changes on "flexibility" (enhanced or closer cooperation) will affect the role of the European Court of Justice. It is about the functioning of the Court as an institution in the new institutional architecture of the differentiated Union. The objective is to offer an insight into the potential impact of the co-operation provisions on the approach of the Court and to explore how the operation of flexibility may in practice affect the Court's role and function. The argument focuses on some aspects of the restructured judicial architecture which result from the Treaty changes as they relate to flexibility. In addition, the discussion makes tentative suggestions as to how the flexibility provisions may be affected by the Court's perspective.

Citation

LYONS, C. 2000. Flexibility and the European Court of Justice. In de Búrca, G. and Scott, J. (eds.) Constitutional change in the EU: from uniformity to flexibility? Oxford: Hart Publishing [online], chapter 5, pages 95-112. Available from: https://doi.org/10.5040/9781472562067.ch-005

Online Publication Date Sep 12, 2014
Publication Date Dec 31, 2000
Deposit Date Apr 30, 2024
Publicly Available Date Apr 30, 2024
Publisher Hart Publishing
Pages 95-112
Book Title Constitutional change in the EU: from uniformity to flexibility?
Chapter Number 5
ISBN 9781841131030 ; 1841131032
DOI https://doi.org/10.5040/9781472562067.ch-005
Keywords European Court of Justice; European Union; International law; International co-operation
Public URL https://rgu-repository.worktribe.com/output/1674844

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