The ECJ has managed to go beyond its mission of stewardship. Behind the ever-enlarging power of the ECJ’s judges lies the political logic of appointment based on one country-one judge criterion. As a consequence, sentences and opinions are patterned upon political will tossed with judicial gloss. It is no wonder, therefore, that judges interpret judicial action in terms of centralization and use it as a weapon to protect against external competition. What such an attitude may lead to is brought out in the cases of assignment of competences, parallel imports and tax competition.
"Parallelisms and Paralogisms in the European Court of Justice" / Eusepi, Giuseppe; Alessandra, Cepparulo; Maurizio, Intartaglia. - STAMPA. - 23(2011), pp. 121-134. - STUDIES IN PUBLIC CHOICE. [10.1007/978-1-4419-6784-8_9].
"Parallelisms and Paralogisms in the European Court of Justice"
EUSEPI, Giuseppe;
2011
Abstract
The ECJ has managed to go beyond its mission of stewardship. Behind the ever-enlarging power of the ECJ’s judges lies the political logic of appointment based on one country-one judge criterion. As a consequence, sentences and opinions are patterned upon political will tossed with judicial gloss. It is no wonder, therefore, that judges interpret judicial action in terms of centralization and use it as a weapon to protect against external competition. What such an attitude may lead to is brought out in the cases of assignment of competences, parallel imports and tax competition.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
