Flexibility and the European Court of Justice.

Lyons, Carole

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