The Impact of the European Court of Justice on Neighbouring Countries

ISBN : 9780198855934

Arie Reich; Hans-W. Micklitz
416 ページ
156 x 234 mm

There is a considerable mismatch between theories on the influence of the EU outside its borders and concrete knowledge on whether and to what extent the suggested impact is of any practical relevance. The aim of this book, therefore, is to help close that gap in the knowledge concerning the role and function of the Court of Justice of the European (CJEU) outside its own borders in selected countries. Scholars from Armenia, Azerbaijan, Georgia, Israel, Jordan, Russia, Switzerland, Tunisia, Turkey, Ukraine and the Eurasian Economic Union have researched and explored how their respective countries have been influenced by the CJEU. This title looks at 'why' along with 'how' these decisions have been utilized. All of this culminates in an effort to be able to rank the degree to which the CJEU is influencing non-EU jurisdictions according to a common scale. Looking across the selected countries, this title analyses the research provided by the scholars. This includes a brief description of the relationship and agreements between the EU and the country, a concise history of the country's judiciary, a full account of the extent to which the country's courts have cited CJEU judgements, and an analysis of that extent and the impact they have had. Other factors are explored as well, such as countries who want to join the EU might aim for more legal harmonization between them and the EU. These metrics are used to compare across the neighbourhood countries and draw conclusions about CJEU influence and impact outside of the EU. This comprehensive edited collection is an in-depth look at the actual impact of the CJEU in neighbourhood countries, providing crucial information in an overlooked field of EU law.


Introduction, General Perspectives and Impact on Other Regional Courts
Arie Reich and Hans Micklitz: Introduction: Description of the Research Project
1 Joanne Scott: The Global Reach of EU Law
2 Allan Rosas: The European Court of Justice in Dialogue with Other Courts and Tribunals: The Court as a Giver and a Taker
3 Maksim Karliuk: The Influence of CJEU Judgments on the Legal Order of the Eurasian Economic Union
The Impact of the CJEU in Continential Europe and Beyond
4 Francesco Maiani: The ECJ in Swiss Case-Law: A Quantitative/Qualitative Analysis
5 Ulas Karan: The Impact of the ECJ on the Turkish Legal System
The Impact of the CJEU in Post-Soviet States
6 Paul Kalinichenko: The Impact of the ECJ on the Russian Legal System
7 Roman Petrov: The Impact of the ECJ on the Legal System of Ukraine
8 Narine Ghazaryan: The Court of Justice of the EU and the Armenian Legal Order
9 Azar Aliyev: The Influence of CJEU on Azerbaijan
10 Gaga Gabrichidze: The Influence of CJEU on Georgia
The Impact of the CJEU in the Middle East and North Africa
11 Arie Reich: The Impact of the EU Court of Justice on the Israeli Legal System
12 Abdullah Nawafleh: The Influence of CJEU Judgments on Jordan
13 Beligh Elbalti: The Impact of the ECJ: The Case of Tunisia
General Conclusions from the Project
14 Arie Reich and Hans Micklitz: General Conclusions: Where and How is the CJEU Influencial Outside the EU? Some Policy Recommendations


Professor Arie Reich is a full professor at the Bar-Ilan University Faculty of Law, and is a Jean Monnet Professor of EU Law & Institutions.; Professor Hans Micklitz is Professor for Economic Law at the European University Institute, Jean Monnet Chair of Private Law, and European Economic Law at the University of Bamberg (emeritus).