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This study explores the use of precedents in the case law of the
Court of Justice of the European Union (CJEU). It argues that a
strategic use of precedent-based discourses aids the Court in
developing its jurisprudence autonomously; that is, independent of
the political preferences of EU member states. The study is based
on a long-term assessment of CJEU case law in the politically
sensitive area of immigration law. It traces the Court's rulings in
this area from the 1970s up until the most recent period. The study
identifies a series of consistent discursive patterns that slowly,
but surely, moved EU immigration law beyond what member states had
intended. The work takes an interdisciplinary approach, engaging
with both political science and legal discussions on the Court of
Justice and its role in processes of European integration.
This study explores the use of precedents in the case law of the
Court of Justice of the European Union (CJEU). It argues that a
strategic use of precedent-based discourses aids the Court in
developing its jurisprudence autonomously; that is, independent of
the political preferences of EU member states. The study is based
on a long-term assessment of CJEU case law in the politically
sensitive area of immigration law. It traces the Court's rulings in
this area from the 1970s up until the most recent period. The study
identifies a series of consistent discursive patterns that slowly,
but surely, moved EU immigration law beyond what member states had
intended. The work takes an interdisciplinary approach, engaging
with both political science and legal discussions on the Court of
Justice and its role in processes of European integration.
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