The Effectiveness of the European Court of Justice : Why Reluctant States Comply

Diana Panke

ISBN 10: 0719083060 / ISBN 13: 9780719083068

Published by Manchester University Press Okt 2010, 2010

About this Item

Neuware - The effectiveness of international law depends upon the willingness of states to comply with its provisions. Despite the current move towards binding international law, every international organisation grapples with serious instances of non-compliance. As a reaction, numerous international courts and arbitration bodies have been strengthened in the last two decades. Unlike their domestic counterparts, international courts cannot rely on the monopoly of legitimate force as a last resort for restoring compliance. This raises the question under which conditions international courts are nevertheless able to promote compliance with international norms - even against the initial will of the affected states. This book looks at the European Court of Justice (ECJ) as an example of a court, which can apply judicial discourses, judgments and sanction-threats to cases in which states are reluctant to comply. Overall, the ECJ is very successful in ending norm violations through its compliance-instruments. However, some cases require up to 17 years or even a threat with sanctions until the effectiveness of European law is restored, while others are settled somewhat faster via judgments, or very quickly through judicial discourses. The book shows that issue-specific variables, such as the nature of the issue, its interpretational scope, its fit to domestic ideas, influence whether one of the three compliance instruments successfully induces compliance - even against the strong initial will of member states.

Seller Inventory # 9780719083068

Bibliographic Details

• Title: The Effectiveness of the European Court of Justice : Why Reluctant States Comply
• Publisher: Manchester University Press Okt 2010
• Publication Date: 2010
• Language: English
• ISBN 10: 0719083060
• ISBN 13: 9780719083068
• Binding: Buch
• Condition: Neu
• Dimensions: 234W x 157H x 23D millimeters 234 millimeters width by 157 millimeters height by 23 millimeters depth
• Weight: 699 grams

About this title

Synopsis

The effectiveness of international law depends upon the willingness of states to comply with its provisions. Despite the current move towards binding international law, every international organisation grapples with serious instances of non-compliance. As a reaction, numerous international courts and arbitration bodies have been strengthened in the last two decades. Unlike their domestic counterparts, international courts cannot rely on the monopoly of legitimate force as a last resort for restoring compliance. This raises the question under which conditions international courts are nevertheless able to promote compliance with international norms - even against the initial will of the affected states.

This book looks at the European Court of Justice (ECJ) as an example of a court, which can apply judicial discourses, judgments and sanction-threats to cases in which states are reluctant to comply. Overall, the ECJ is very successful in ending norm violations through its compliance-instruments. However, some cases require up to 17 years or even a threat with sanctions until the effectiveness of European law is restored, while others are settled somewhat faster via judgments, or very quickly through judicial discourses. The book shows that issue-specific variables, such as the nature of the issue, its interpretational scope, its fit to domestic ideas, influence whether one of the three compliance instruments successfully induces compliance - even against the strong initial will of member states.

About the Author

Diana Panke is Lecturer in Politics at University College Dublin