国家司法体系的欧洲化:定义、指标与机制

The Europeanization of national judiciaries: definitions, indicators and mechanisms

Journal of European Public Policy · 2018
被引 30
ABS 3

中文导读

本文提出一个理论框架,通过定义、指标和机制三个维度,帮助理解国家法院如何受欧盟法律影响而欧洲化,对研究欧盟法与司法互动的学者有用。

Abstract

The article is underpinned by the idea that the national courts/judges are expected to act as decentralized European Union (EU) judges. This is motivated by the fact that the general knowledge concerning the impact of EU law on the functioning of national courts as EU judges and the process of Europeanization of national judiciaries is still somewhat scattered and fragmented. The central ambition of this article is to provide a theoretical framework that would contribute to the understanding of Europeanization of judiciaries by: (1) offering a definition and theoretical developments useful for the study of Europeanization and its dynamics; (2) exploring the diverse indicators to operate the concept; and (3) providing explanations on how Europeanization might happen by identifying the distinct mechanisms potentially in play. By and large, the article proposes theoretical and empirical developments, which will facilitate embracing the project of constructing a composite framework for the socio-legal study and measurement of the Europeanization of national courts.

政治学法学欧洲研究司法政治