Download An Ever More Powerful Court?: The Political Constraints of by Dorte Sindbjerg Martinsen PDF

By Dorte Sindbjerg Martinsen

The court docket of Justice of the eu Union (CJEU) has turn into famed - and infrequently shamed - for its political energy. In scholarly literature, this supranational courtroom has been considered as a 'master of integration' for its means to bolster integration, occasionally opposed to the need of member states. within the public debate, the CJEU has been significantly criticized for extending european competences on the price of the member states. In An Ever extra robust court docket? The Political Constraints of felony Integration within the ecu Union, Dorte Sindbjerg Martinsen demanding situations those perspectives together with her cautious exam of ways judicial-legislative interactions verify the scope and boundaries of eu integration within the day-by-day european decision-making technique.

Methodologically, the e-book takes a breakthrough within the exam of judicial effect, suggesting a 'law attainment' process as a singular strategy, mixed with a wide set of interviews with the present decision-makers of social Europe. via a research of social coverage advancements from 1957 to 2014, in addition to a serious research of 3 case stories - ecu legislation of operating time; sufferers' rights in cross-border healthcare; and ecu posting of employee rules - Martinsen unearths the dynamics at the back of criminal and political integration and the CJEU's skill to foster political swap for a ecu Union social policy.

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Extra resources for An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union

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The powers assigned to the Court by means of articles 267 and 258 are the most important means of judicial integration. In part, the power ascribed by scholars to the CJEU is historically deduced. When the member states signed the Treaty of Rome and thereby adopted article 177 (now article 267 TFEU) on preliminary ruling, their intention was neither to give individuals the opportunity to sue their own governments nor to declare the supremacy of Community law. The case law of the Court itself established the doctrines of direct effect and supremacy, and thereby, in the words of Weiler, initiated the transformation of Europe and transformed the relationship between the Community and its member states (Weiler [1991]).

Hamilton [1961], as quoted in Conant [2002: 219]) Rosenberg’s seminal study of the ‘hollow hope’ of litigation brings political institutions into the equation of what conditions courts’ abilities to catalyse change. 1 Rosenberg’s study of the US Supreme Court noted that even that court, acting from atop the hierarchical structure, depends on social, administrative, and political responses to its rulings to have an impact that extends beyond an individual lawsuit. Courts rely primarily on consent, and in its absence they face a considerable compliance problem (Conant [2002: 221]).

Modification SQCourt is ruled in by the EU policy output. SQreg2 modifies SQCourt. The impact of judicial decisions is reduced. Weaker form of judicial influence on policy outputs. e. no SQreg2 on how to respond to SQCourt, is adopted. No sufficient majority can be established on how to respond to judicial decisions. Legal uncertainty and suboptimality result. Override SQCourt is overturned by the EU policy output SQreg2. No judicial influence on policy outputs. stalemate between the EU legislators in which no legislation is adopted (Binder [1999]).

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