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Horsley, Thomas --- "Institutional dynamics reloaded: the Court of Justice and the development of the EU internal market" [2017] ELECD 281; in Koutrakos, Panos; Snell, Jukka (eds), "Research Handbook on the Law of the EU’s Internal Market" (Edward Elgar Publishing, 2017) 401

Book Title: Research Handbook on the Law of the EU’s Internal Market

Editor(s): Koutrakos, Panos; Snell, Jukka

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478095

Section: Chapter 18

Section Title: Institutional dynamics reloaded: the Court of Justice and the development of the EU internal market

Author(s): Horsley, Thomas

Number of pages: 26

Abstract/Description:

The Editors of this Handbook invited the author to reflect on the role of courts – and the Court of Justice (hereinafter: Court or CJ) in particular – in the development of the EU internal market. In the legal scholarship, this topic is most frequently approached from one of two distinct perspectives (or a combination of both). At a doctrinal level, EU scholars devote considerable attention to the interpretation and critique of the Court’s substantive output. At the same time, legal writers demonstrate continued interest in the nature and normative foundations of the Court’s reasoning, principally with a view to making judgments on its legitimacy. As a result of these key trends, the literature on EU internal market law is rich with detailed discussion of what the Court decided in particular strands of its internal market jurisprudence (including the political, economic, and social impact of its case law) and how its decisions are reached through the process of European legal reasoning. In the spirit of difference, this chapter refocuses the analytical spotlight on another facet of the judicial role in market integration: the institutional dimension. Its specific aim is to reflect, from an institutional perspective, on the Court’s approach to the scope of its attributed competences to contribute to the establishment of a functioning internal market.