The European Court of Justice and the Policy Process

The Shadow of Case Law

Nonfiction, Social & Cultural Studies, Political Science, International, International Relations, Reference & Language, Law
Cover of the book The European Court of Justice and the Policy Process by Susanne K. Schmidt, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Susanne K. Schmidt ISBN: 9780192547873
Publisher: OUP Oxford Publication: January 26, 2018
Imprint: OUP Oxford Language: English
Author: Susanne K. Schmidt
ISBN: 9780192547873
Publisher: OUP Oxford
Publication: January 26, 2018
Imprint: OUP Oxford
Language: English

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 Policy options are thereby withdrawn from majoritarian decision-making.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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from OUP Oxford

Cover of the book The UN Convention on the Law of the Non-Navigational Uses of International Watercourses by Susanne K. Schmidt
Cover of the book The Reflective Life by Susanne K. Schmidt
Cover of the book Being Good: A Short Introduction to Ethics by Susanne K. Schmidt
Cover of the book Reframing Catholic Theological Ethics by Susanne K. Schmidt
Cover of the book Human Rights in International Investment Law and Arbitration by Susanne K. Schmidt
Cover of the book Human Rights by Susanne K. Schmidt
Cover of the book The Evolution of Modern Grand Strategic Thought by Susanne K. Schmidt
Cover of the book An Infinity of Things by Susanne K. Schmidt
Cover of the book Northman: John Hewitt (1907-87) by Susanne K. Schmidt
Cover of the book Decision Theory and Rationality by Susanne K. Schmidt
Cover of the book The Oxford Handbook of Mutual, Co-Operative, and Co-Owned Business by Susanne K. Schmidt
Cover of the book Goodbye to All That? by Susanne K. Schmidt
Cover of the book Theory of Strategy by Susanne K. Schmidt
Cover of the book Max Weber and 'The Protestant Ethic' by Susanne K. Schmidt
Cover of the book After Modernity by Susanne K. Schmidt
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy