Brokering Europe

Author: Antoine Vauchez

Publisher: Cambridge University Press

ISBN: 1107042364

Category: Law

Page: 278

View: 8567


A new historical and sociological account for the broad definitional power of law in the European Union polity.

The European Court of Justice and the Policy Process

The Shadow of Case Law

Author: Susanne K. Schmidt

Publisher: Oxford University Press

ISBN: 0192547879

Category: Political Science

Page: 312

View: 9240


The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states' preferences. This book argues that the implications of the supremacy and direct effect of the EU Treaty have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court's case law. If rulings have constitutional status, their impact will be considerable, even if the Court only occasionally diverts from member states' preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court's development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation partly codify case law. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies-but if they have constitutional status they have to go through this process. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union, undermining the legitimacy of this political order.

The Court of Justice of the European Union and The Politics of Law

Author: Sabine Saurugger,Fabien Terpan

Publisher: Macmillan International Higher Education

ISBN: 1137320281

Category: Law

Page: 272

View: 1350


Using state-of-the-art analysis, this introductory text provides a comprehensive account of the Court of Justice of the European Union, its judicial function and its influence on EU policy making. Combining legal perspective with political analysis, it offers a unique approach to the empirical study of the Court's role in the EU political system.