The European Court of Justice and the Policy Process
The Shadow of Case Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 25 January 2018
- ISBN 9780198717775
- Binding Hardback
- No. of pages320 pages
- Size 243x164x26 mm
- Weight 642 g
- Language English 0
Categories
Short description:
This book analyses the European Court of Justice's power from a political-science perspective.
MoreLong description:
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
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 Policy options are thereby withdrawn from majoritarian decision-making.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.
Professor Schmidt uses several case studies to provide a detailed analysis of a number of major ECJ decisions bearing upon the rights of individuals and the binding constraints placed on national courts which, she suggests, must have been one of the factors that drove the British exit from the Union. She is not wrong. When the inevitable obituary of the EU comes to be written, this volume will be an important source in determining the cause of death!
Table of Contents:
Introduction
The European Court of Justice as a Political Actor
Case-Law Development between Path Dependence and Legal Uncertainty
The Interaction of Judicial and Legislative Policymaking
Reaching Beyond the Market into State Responsibilities
Europeanization With and Against the Odds: The Cases of Meilicke and Zambrano
The Europeanization Effects of Case Law
Conclusion
