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Public Policy and the CJEU's Power offers an overarching analytical
framework for thinking about the impact of policy contexts on the
CJEU's influence on European public policy and the course of
European integration. Thereby, it lays out a research agenda that
is best described as public policy approach to studying judicial
power in the European Union. The policy contexts within which
actors operate do not only structure the incentives to use
litigation, they also affect how strongly the implementation of
court rulings relies on these policy stakeholders. Therefore, the
CJEU's power is strongly dependent on policy contexts and policy
stakeholders. This argument is illustrated by a wide variety of
empirical analyses covering the three major types of legal actions
before the CJEU (infringement proceedings, preliminary rulings and
annulments), a wide variety of policy fields (e.g. competition law,
internal market regulation, common agriculture policy, social
policies, foreign policy), and different types of policy
stakeholders (e.g. public, private, subnational, national and
European stakeholders). Using this rich empirical material, the
book provides an analytic framework for thinking about how policy
contexts influence the CJEU's impact. Bringing together expert
contributions, Public Policy and the CJEU's Power will be of great
interest and use to scholars working on the European Union, law and
politics and public policy. The chapters were originally published
as a special issue in the Journal of European Integration.
Public Policy and the CJEU's Power offers an overarching analytical
framework for thinking about the impact of policy contexts on the
CJEU's influence on European public policy and the course of
European integration. Thereby, it lays out a research agenda that
is best described as public policy approach to studying judicial
power in the European Union. The policy contexts within which
actors operate do not only structure the incentives to use
litigation, they also affect how strongly the implementation of
court rulings relies on these policy stakeholders. Therefore, the
CJEU's power is strongly dependent on policy contexts and policy
stakeholders. This argument is illustrated by a wide variety of
empirical analyses covering the three major types of legal actions
before the CJEU (infringement proceedings, preliminary rulings and
annulments), a wide variety of policy fields (e.g. competition law,
internal market regulation, common agriculture policy, social
policies, foreign policy), and different types of policy
stakeholders (e.g. public, private, subnational, national and
European stakeholders). Using this rich empirical material, the
book provides an analytic framework for thinking about how policy
contexts influence the CJEU's impact. Bringing together expert
contributions, Public Policy and the CJEU's Power will be of great
interest and use to scholars working on the European Union, law and
politics and public policy. The chapters were originally published
as a special issue in the Journal of European Integration.
This open access book provides an exhaustive picture of the role
that annulment conflicts play in the EU multilevel system. Based on
a rich dataset of annulment actions since the 1960s and a number of
in-depth case studies, it explores the political dimension of
annulment litigation, which has become an increasingly relevant
judicial tool in the struggle over policy content and
decision-making competences. The book covers the motivations of
actors to turn policy conflicts into annulment actions, the
emergence of multilevel actors' litigant configurations, the impact
of actors' constellations on success in court, as well as the
impact of annulment actions on the multilevel policy conflicts they
originate from.
This open access book provides an exhaustive picture of the role
that annulment conflicts play in the EU multilevel system. Based on
a rich dataset of annulment actions since the 1960s and a number of
in-depth case studies, it explores the political dimension of
annulment litigation, which has become an increasingly relevant
judicial tool in the struggle over policy content and
decision-making competences. The book covers the motivations of
actors to turn policy conflicts into annulment actions, the
emergence of multilevel actors' litigant configurations, the impact
of actors' constellations on success in court, as well as the
impact of annulment actions on the multilevel policy conflicts they
originate from.
What does EU law truly mean for the member states? Do they abide or
don't they? This book presents the first encompassing and in-depth
empirical study of the effects of 'voluntaristic' and (partly)
'soft' EU policies in all 15 member states. The authors examine 90
case studies across a range of EU Directives and shed light on
burning contemporary issues in political science, integration
theory, and social policy. They reveal that there are major
implementation failures and that, to date, the European Commission
has not been able adequately to perform its control function. While
all countries are occasional non-compliers, some quite frequently
privilege their domestic political concerns over performance of
their EU-related duties. Others neglect these EU obligations as a
matter of course. This innovative study answers questions of
crucial importance for politics in theory and in practice, and
suggests how implementation of EU law can be fostered in the
future.
What does EU law truly mean for the member states? Do they abide or
don't they? This book presents the first encompassing and in-depth
empirical study of the effects of 'voluntaristic' and (partly)
'soft' EU policies in all 15 member states. The authors examine 90
case studies across a range of EU Directives and shed light on
burning contemporary issues in political science, integration
theory, and social policy. They reveal that there are major
implementation failures and that, to date, the European Commission
has not been able adequately to perform its control function. While
all countries are occasional non-compliers, some quite frequently
privilege their domestic political concerns over performance of
their EU-related duties. Others neglect these EU obligations as a
matter of course. This study answers questions of crucial
importance for politics in theory and in practice, and suggests how
implementation of EU law can be fostered in the future.
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