Book review of Hans-W. Micklitz: The Politics of Judicial Co-Operation in the EU - Sunday Trading, Equal Treatment and Good Faith

Abstract

The book forcefully demonstrates the impact that judicial co-operation has on the development of the European and English legal orders, while pointing at the same time to weaknesses, where the legitimacy and effectiveness of the judicial discourse in Europe could be improved. Its focus is not limited to the role of the courts, but deals extensively with the role of the other actors involved, in particular applicants and public interest organizations. The study of underlying interests and policy-driven actions of the involved parties in their respective areas allows for an insight beyond the actual case law. It provides us with a contextual understanding of legal proceedings.

The book is divided into five chapters: besides the introductory and concluding chapters, it contains one on each of the three case studies. This reader-friendly division allows direct access to the reader's area of interest. First, the author analyses litigation for the right to trade on Sundays, both in UK courts and before the ECJ. Secondly, he explores the broad scope of equal treatment litigation, including women's and gay rights, at both a national and European level. And, thirdly, Miclditz analyses consumer rights with particular emphasis on the principle of good faith.