The Judiciary as Legislator? How the ECJ shapes Policy-Making in the EU

Wasserfallen, Fabio (2010). The Judiciary as Legislator? How the ECJ shapes Policy-Making in the EU. Journal of European public policy, 17(8), pp. 1128-1146. Taylor & Francis 10.1080/13501763.2010.513559

Text wasserfallen_2010.pdf - Published Version Restricted to registered users only Available under License Publisher holds Copyright. Download (153kB)

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.

Interest & Impact

Downloads

2 since deposited on 24 Apr 2020
0 in the past 12 months

Citations

5 Citations in Web of Science ®
6 Citations in Scopus

Search

in Google Scholar™

Services

Actions (login required)

Edit item

Actions (login required)

Edit item