Custom cover image
Custom cover image

The European Court of Justice and the Policy Process : The Shadow of Case Law

By: Resource type: Ressourcentyp: Buch (Online)Book (Online)Language: English Publisher: Oxford : Oxford University Press, 2018Description: 1 Online-Ressource (320 p.)ISBN:
  • 9780198717775
Subject(s): Additional physical formats: Erscheint auch als: European court of justice and the policy process : the shadow of case law. Druck-Ausgabe Oxford, United Kingdom : Oxford University PressDDC classification:
  • 341.5/5/094 23
LOC classification:
  • KJE5461
Online resources: Summary: 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. In this book, I argue that the implications of the supremacy and direct effect of the EU law 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 is 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 cannot move beyond case law but have to codify its principles. 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, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making.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 and its member states, undermining the legitimacy of this political orderPPN: PPN: 1778515185Package identifier: Produktsigel: ZDB-94-OAB
No physical items for this record

Open Access. Unrestricted online access star

Creative Commons https://creativecommons.org/licenses/by-nc-nd/4.0 cc

English

KIT – The University in the Helmholtz Association                         Home | Impressum | Datenschutz | Barrierefreiheit | KIT