Publication details
European Courts as Value-Harmonizing Motors of Integration
| Authors | |
|---|---|
| Year of publication | 2014 |
| Type | Article in Periodical |
| Magazine / Source | Yearbook of Antitrust and Regulatory Studies |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | : European courts; European integration; quasi-normative character of judicial decisions; judicialization of legal doctrine; value-based decision making; divergence between European courts and European Commission; uni-sex insurance; discrimination |
| Description | Conditions and prerequisites of adopting European law before the former „real-socialist” countries joined the EU. The key role of European Courts as de facto virtual legislators. The EU judicial practice enhanced national legal standards and legal culture in the respective countries. An example of a serious inconsistency in values between the Court of Justice of the EU and the European Commission concerning their divergent views on “uni-sex insurance” and the draft directive on women’s representation in board member positions. This disparity could depreciate to some extent the role of European Courts as „motors of integration”. |
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