{"title":"Rethinking Judicial Narratives: The Court of Justice and the Treaty of Rome","authors":"Thomas Horsley","doi":"10.1017/S1574019621000298","DOIUrl":null,"url":null,"abstract":"In Great Judgments of the European Court of Justice, William Phelan invites readers to rethink a selection of the Court of Justice’s formative cases addressing the foundations of the (then) Community legal order. Most of these decisions, such as Van Gend en Loos1 and Costa v ENEL2 are well-known to European legal scholars; others, notably Pork Products,3 Dairy Products4 and Sheep Meat,5 perhaps less so.Great Judgments set its sights on challenging the received account of these decisions as the basis of a ‘new legal order’ in which, atypically among international treaty organisations, private litigants and national courts have acquired direct and powerful roles.6 Asserting that leading scholars have ‘missed the bigger picture’","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"17 1","pages":"553 - 565"},"PeriodicalIF":1.6000,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Constitutional Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/S1574019621000298","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
In Great Judgments of the European Court of Justice, William Phelan invites readers to rethink a selection of the Court of Justice’s formative cases addressing the foundations of the (then) Community legal order. Most of these decisions, such as Van Gend en Loos1 and Costa v ENEL2 are well-known to European legal scholars; others, notably Pork Products,3 Dairy Products4 and Sheep Meat,5 perhaps less so.Great Judgments set its sights on challenging the received account of these decisions as the basis of a ‘new legal order’ in which, atypically among international treaty organisations, private litigants and national courts have acquired direct and powerful roles.6 Asserting that leading scholars have ‘missed the bigger picture’
在《欧洲法院的伟大判决》一书中，William Phelan邀请读者重新思考法院针对（当时）共同体法律秩序基础的形成性案例。这些判决中的大多数，如Van Gend en Loos1和Costa v ENEL2，都为欧洲法律学者所熟知；其他一些，尤其是猪肉制品、3乳制品4和羊肉，5可能就不那么重要了。Great Judges着眼于挑战人们对这些决定的普遍看法，将其作为“新法律秩序”的基础，私人诉讼当事人和国家法院已经获得了直接而有力的作用。6断言顶尖学者“错过了大局”
期刊介绍：
The European Constitutional Law Review (EuConst), a peer reviewed English language journal, is a platform for advancing the study of European constitutional law, its history and evolution. Its scope is European law and constitutional law, history and theory, comparative law and jurisprudence. Published triannually, it contains articles on doctrine, scholarship and history, plus jurisprudence and book reviews. However, the premier issue includes more than twenty short articles by leading experts, each addressing a single topic in the Draft Constitutional Treaty for Europe. EuConst is addressed at academics, professionals, politicians and others involved or interested in the European constitutional process.
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