Dorte Sindbjerg Martinsen's An Ever More Powerful Court?: The Political Constraints of PDF

Rules Procedures

By Dorte Sindbjerg Martinsen

ISBN-10: 019875339X

ISBN-13: 9780198753391

The court docket of Justice of the ecu Union (CJEU) has develop 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 potential to reinforce integration, occasionally opposed to the need of member states. within the public debate, the CJEU has been seriously criticized for extending ecu competences on the rate of the member states. In An Ever extra robust court docket? The Political Constraints of felony Integration within the eu Union, Dorte Sindbjerg Martinsen demanding situations those perspectives together with her cautious exam of ways judicial-legislative interactions be certain the scope and boundaries of eu integration within the day-by-day european decision-making approach.

Methodologically, the publication takes a leap forward within the exam of judicial impression, suggesting a 'law attainment' strategy as a singular approach, mixed with a wide set of interviews with the present decision-makers of social Europe. via a examine of social coverage advancements from 1957 to 2014, in addition to a serious research of 3 case experiences - european legislation of operating time; sufferers' rights in cross-border healthcare; and european posting of employee rules - Martinsen finds the dynamics in the back of criminal and political integration and the CJEU's skill to foster political switch for a ecu Union social policy.

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

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They must depend on the actions of others for their decisions to be implemented. (Rosenberg [2008: 420]) The two court views interpret the impact of the same court ruling fundamentally different. 2 In the dynamic court view, this US Supreme Court case has been interpreted as a primary example of the broader impact of litigation, in this case as the key to ending racial segregation in the US public educational system (Harlow 1 The second edition of Rosenberg’s book came out in 2008. The second edition updates the author’s findings.

The analysis has demonstrated variable judicial influence on EU policy outputs and presented political responses as the overall condition for the legislative impact of judicial decisions. The findings contest the two general claims in studies of EU law and politics—that EU politics is not too fragmented to respond to litigation and that EU political actors engage in and correct legal integration as persistent actors rather than individuals with short time horizons. Time, decision-making rules, political positions, and interaction within and across institutions come to condition judicial impact on EU policies.

The Dutch government became increasingly interested in opting out of EU migration policies, and member states collectively demanded that the Commission come up with a proposal modifying the impact of jurisprudence (Bonjour and Vink [2013: 403–4]). Other scholars find the Court’s influence on EU policies to be anything but automatic or forward-moving. Instead of developing along clear causal logic, as suggested by the stage model of neo-functionalism, Nowak finds that the relationship between law and politics instead resembles a garbage can, being piecemeal and disorganized as a process (Nowak [2010]).

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An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union by Dorte Sindbjerg Martinsen

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