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The judiciary as legislator? How the European Court of Justice shapes policy-making in the European Union


Wasserfallen, Fabio (2010). The judiciary as legislator? How the European Court of Justice shapes policy-making in the European Union. Journal of European Public Policy, 17(8):1128-1146.

Abstract

The question of whether, and if so, how the European Court of Justice influences European integration has been a matter of long-standing academic dispute. Several more recent empirical studies have shown that the Court influences the integration path, but scholars have also documented that Member States can successfully limit the practical relevance of activist Court decisions. Drawing on this literature, this paper argues that the Court eventually impacts integration in salient policy fields effectively, when the legislator incorporates judicial considerations in the policy-making process. The theoretical section conceptualizes the leverage of the Court in the legislation process and the empirical section elucidates how the judiciary shaped legislation in the development of exchange students' social rights. Findings show that the Court can successfully promote distinct legislative outcomes.

Abstract

The question of whether, and if so, how the European Court of Justice influences European integration has been a matter of long-standing academic dispute. Several more recent empirical studies have shown that the Court influences the integration path, but scholars have also documented that Member States can successfully limit the practical relevance of activist Court decisions. Drawing on this literature, this paper argues that the Court eventually impacts integration in salient policy fields effectively, when the legislator incorporates judicial considerations in the policy-making process. The theoretical section conceptualizes the leverage of the Court in the legislation process and the empirical section elucidates how the judiciary shaped legislation in the development of exchange students' social rights. Findings show that the Court can successfully promote distinct legislative outcomes.

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23 citations in Web of Science®
27 citations in Scopus®
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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:06 Faculty of Arts > Institute of Political Science
Dewey Decimal Classification:320 Political science
Uncontrolled Keywords:European Court of Justice, ECJ, legal integration, judicial politics, judicial law making, law and politics
Language:English
Date:2010
Deposited On:16 Dec 2013 09:29
Last Modified:05 Apr 2016 17:15
Publisher:Taylor & Francis
ISSN:1350-1763
Publisher DOI:https://doi.org/10.1080/13501763.2010.513559

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