The European Court of Justice and the Policy Process
  • Author : Susanne K. Schmidt
  • Release Date : 25 June 2022
  • Publisher : Oxford University Press
  • Genre : Law
  • Pages : 294
  • ISBN 13 : 9780198717775

Download The European Court of Justice and the Policy Process eBook in PDF, Epub and Kindle

Book Description: 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 only 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 Policy options are thereby withdrawn from majoritarian decision-making.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 European Court of Justice and the Policy Process

The European Court of Justice and the Policy Process

Author : Susanne K. Schmidt
Publisher : Oxford University Press
Genre : Law
Get Book

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 European Court of Justice

The European Court of Justice

Author : Renaud Dehousse
Publisher : Palgrave
Genre : Justice, Administration of
Get Book

This book provides a broad-ranging assessment of the Court's contribution to the integration process. It also examines why the Court's active role has not encountered greater opposition, and analyses the implications for the Court confronting the EU....

Justice Contained

Justice Contained

Author : Lisa J. Conant
Publisher : Cornell University Press
Genre : Law
Get Book

In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's ...

The European Court of Justice

The European Court of Justice

Author : Renaud Dehousse
Publisher : Palgrave Macmillan
Genre : Political Science
Get Book

This book provides a broad-ranging assessment of the Court's contribution to the integration process. It shows how the Court has taken advantage of opportunities when they have arisen in the European political process to "constitutionalize" the founding treaties and to exert a strong influence on policy decisions. It also examines ...

Judicial Politics and Policy making in Western Europe

Judicial Politics and Policy making in Western Europe

Author : Mary L. Volcansek
Publisher : Routledge
Genre : Political Science
Get Book

Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next....

The Power of the European Court of Justice

The Power of the European Court of Justice

Author : Susanne K. Schmidt,R. Daniel Kelemen
Publisher : Routledge
Genre : Political Science
Get Book

The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect ...

European Union

European Union

Author : Jeremy John Richardson
Publisher : Psychology Press
Genre : Political Science
Get Book

Richardson introduces the policy-making processes at work in the EU. This edition has been significantly improved to make it even more accessible for second and third year undergraduates. A website will also support this edition, featuring some of the more technical material such as statistics....

The Engines of European Integration

The Engines of European Integration

Author : Mark A. Pollack
Publisher : Oxford University Press, USA
Genre : Law
Get Book

This study of delegation and agency in the European Union, examines the role of supranational actors like the Commission, the Court of Justice, and the European Parliament in the process of European integration and in contemporary EU governance....

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

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

Author : Sabine Saurugger,Fabien Terpan
Publisher : Bloomsbury Publishing
Genre : Political Science
Get Book

The Court of Justice of the European Union (CJEU) is one of the central institutions of the EU and has played a decisive role in European integration. As one of the most powerful international courts, at a time when political systems around the world are becoming more judicialized, it is ...

Analyzing the European Union Policy Process

Analyzing the European Union Policy Process

Author : Esther Versluis,Mendeltje van Keulen,Paul Stephenson
Publisher : Bloomsbury Publishing
Genre : Political Science
Get Book

Readers are provided with a practical insight into how to analyze policies and policy-making in the EU. Using case studies to deepen readers' understanding, this book examines the various stages of the policy process - from the moment the issue reaches the agenda through to drafting, implementation and evaluation....

Health Systems Governance in Europe

Health Systems Governance in Europe

Author : Elias Mossialos
Publisher : Cambridge University Press
Genre : Business & Economics
Get Book

There is a fundamental contradiction at the core of health policy in the EU that makes it difficult to draw a line between EU and Member State responsibilities. This book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy....

Judging Europe   s Judges

Judging Europe s Judges

Author : Maurice Adams,Henri de Waele,Johan Meeusen,Gert Straetmans
Publisher : A&C Black
Genre : Law
Get Book

After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. ...