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An Ever More Powerful Court?: The Political Constraints of by Dorte Sindbjerg Martinsen

By Dorte Sindbjerg Martinsen

The courtroom of Justice of the ecu Union (CJEU) has develop into famed - and sometimes shamed - for its political strength. In scholarly literature, this supranational courtroom has been considered as a 'master of integration' for its capability to bolster integration, occasionally opposed to the desire of member states. within the public debate, the CJEU has been critically criticized for extending ecu competences on the rate of the member states. In An Ever extra robust court docket? The Political Constraints of felony Integration within the eu Union, Dorte Sindbjerg Martinsen demanding situations those perspectives together with her cautious exam of the way judicial-legislative interactions be certain the scope and boundaries of ecu integration within the day-by-day ecu decision-making strategy.

Methodologically, the ebook takes a leap forward within the exam of judicial effect, suggesting a 'law attainment' technique as a singular procedure, mixed with a wide set of interviews with the present decision-makers of social Europe. via a research of social coverage advancements from 1957 to 2014, in addition to a severe research of 3 case reviews - ecu legislation of operating time; sufferers' rights in cross-border healthcare; and european posting of employee laws - Martinsen finds the dynamics at the back of criminal and political integration and the CJEU's skill to foster political swap for a ecu Union social policy.

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Politicians have shorter time horizons because they must deliver the goods to the electorate in order to stay in office. The focus on staying in office makes politicians discount the long-term effects of their actions or, in this case, inaction. 1 above allows for variation in judicial influence caused by different types of political response. It thus brings the political component into focus. From different disciplines of law, history, and political science, scholars have suggested the need for further exploration of what might condition judicial influence.

28 The Court of Justice of the European Union and Rawlings [1992: 12]). e. the case itself did not generate change. When US southern states rejected the desegregation doctrine that the Supreme Court set forth in Brown, then-president Eisenhower and the rest of the country reacted at first with indifference (Conant [2002: 221]). The continued resistance from the southern states pushed political reaction and mobilized the civil rights movement. Social mobilization—not the Supreme Court’s ruling in Brown—led to broader civil rights reforms (Conant [2002: 229]).

A Taxonomy of Judicial Influence on Policy Outputs 35 Although an override by secondary legislation does not overturn judicial interpretations in constitutional terms, it can still be a powerful correction of the course of legal integration, as the Court typically interprets secondary legislation, which can be responded to with a simple statute (Carrubba et al. 5 However, the EU legislator might not respond to jurisprudence simply by either codification or override. Judicial influence on policy output might be conditioned by more diverse types of response.

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