This chapter focuses on the Court of Justice of the European Union (CJEU), which comprises two courts: the CJEU and the General Court. It first provides an overview of the CJEU’s structure and functions, and then discusses some of its main rulings and their significance. It further considers rulings on the powers of the institutions, some key legal judgments made in response to questions referred to the CJEU by national courts, the impact of CJEU rulings on EU policy, and post-Maastricht trends in the CJEU and EU law. It also assesses the evolving political reactions towards the judgments of the Court, along with the debate over whether the member states have been able to effectively curb the CJEU’s radical jurisprudence.
Hussein Kassim and Vanessa Buth
This chapter examines the impact of Europeanization on member state institutions. Membership in the European Union imposes a variety of constraints and burdens on countries, but it also affords important opportunities and makes available significant resources. Integration initially reinforced the decline of national legislatures, but they have fought back in the last decade. National courts have assumed new functions and become part of a wider Community of law. At the same, the precise effects of the EU have varied cross-nationally as the demands of membership have interacted with differing constitutional arrangements, legal traditions, and political cultures. Moreover, national institutions such as governments, parliaments, and courts have left their mark on the EU and determine to a large extent the capacities of the Union as a system. The chapter considers how EU membership has affected national governments, national parliaments, and national courts.