Read e-book online An Ever More Powerful Court?: The Political Constraints of PDF

By Dorte Sindbjerg Martinsen

ISBN-10: 019875339X

ISBN-13: 9780198753391

The court docket of Justice of the ecu 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 seriously criticized for extending ecu competences on the rate of the member states. In An Ever extra strong courtroom? 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 confirm the scope and bounds of eu integration within the day-by-day european decision-making method.

Methodologically, the ebook takes a breakthrough within the exam of judicial effect, suggesting a 'law attainment' process as a singular procedure, 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 reports - ecu legislation of operating time; sufferers' rights in cross-border healthcare; and ecu posting of employee laws - Martinsen finds the dynamics at 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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This mixed behaviour of the Court calls for a further exploration of the conditions of judicial influence, particularly influence on the relationship between judicial decisions and political responses (De Búrca [2005: 323]). As a particular consequence of (1) the fragmented character of EU politics, in which the diffusion of legislative power shields the CJEU from political sanctions, and/or (2) the shorter time horizon of politicians, who focus on electoral cycles and short-term outcomes rather than long-term judicial consequences, legislative politics tends to be rejected as a factor conditioning judicial influence.

Relying on Dahl’s classic definition of power, A (the constitutional court) has power over B (the government and its parliamentary majority) when ‘B anticipates A’s interest and constrains its behaviour accordingly’ (Stone Sweet [1995: 301]; for the same definition, see also Stone Sweet [2000: 75]). The power of law increases over time to the detriment of politics. The interests of A become more precise, and B increasingly conforms to these interests (Stone Sweet [1995: 301]; repeated in Stone Sweet [2000: 75]).

Weiler, ‘The transformation of Europe’, [1991: 2426], emphasis added) The ability of courts to generate political change is a theme of ample theoretical and empirical relevance. It questions the transfer of decision-making power to a non-majoritarian institution. It addresses the impact of judicial decisions beyond the courtroom. It concerns the ability of majoritarian powers to respond to and ultimately decide the scope and limits of judicial decisions. The international scholarly debate on law and politics has contributed various articulated positions on the ways and extent to which court decisions may further change.

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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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