“Preventing an Appeal to the Sword:” The Role of the Judiciary in American Federalism and European Integration
The article explores and compares the role of the judiciary in US constitutionalism and European integration. The development of these two legal orders has raised very similar constitutional problems and the purpose of the inquiry is to highlight the similar legal solutions devised by the US Supreme Court and the European Court of Justice. Four aspects have been singled out to show the importance of constitutional adjudication by courts in both experiences: the foundations of judicial review, supremacy of federal/Community law over state legislation, the protection of fundamental rights, and the dialogue among constitutional courts.
The European Court and national courts -- doctrine and jurisprudence : legal change in its social context
Part 1 National reports: report on Belgium, Herve Bribosa report on France, Jens Plotner report on Germany, Juliane Kokott the Italian Constitutional Court and the relationship between the Italian legal system and the European Union, Marta Cartabia report on Italy, P. Ruggeri Laderchi report on the Netherlands, Monica Claes and Bruno de Witte report on the United Kingdom, P.P. Craig. Part 2 Comparative analyses: explaining national court acceptance of European Court jurisprudence - a critical evaluation of theories of legal integration, Karen Alter the role of national courts in the process of European integration - accounting for judicial preferences and constraints, Walter Mattli and Anne-Marie Slaughter sovereignty and European integration - the weight of legal tradition, Bruno de Witte constitutional dialogues in the European Community, Alec Stone Sweet constitutional or international? the foundations of the community legal order and the question of judicial kompetenz-kompetenz, J.J.H. Weiler and Ulrich R. Haltern epilogue - the European Courts of Justice - beyond "beyond doctrine" or the legitimacy crisis of European constitutionalism, J.H.H. Weiler.
The Area of Freedom, Security and Justice ten years on: Successes and future challenges under the Stockholm Programme. CEPS Paperbacks. June 2010
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. 
 
Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU’s AFSJ.