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The European Court of Justice and the Policy Process - The Shadow of Case Law (Hardcover)
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The European Court of Justice and the Policy Process - The Shadow of Case Law (Hardcover)
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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 Policy options are thereby withdrawn from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.
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