Dorte Sindbjerg Martinsen, An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Oxford, Oxford University Press, 2015, 272 pages

Bartolini, Silvia

doi:10.3917/poeu.060.0188

Cited by 4 publications

(4 citation statements)

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“…The Court of Justice can intervene directly in disputes between private parties, such as between an employer and an employee (more specifically in dealing with preliminary issues of national courts). It can also rule on cases involving a citizen and national authorities, allowing the former to hold his or her national authorities liable for noncompliance (Martinsen, 2015). Indeed, under certain conditions, citizens can obtain compensation for the inadequate or delayed transposition of Directives (for example, Francovich v Italy (1991) C-6/90).…”

Section: Social Rights As Power Resources In the Eu Multi-level Settingmentioning

confidence: 99%

Social citizenship as a marble cake: The changing pattern of right production and the role of the EU

Ferrera,

Corti,

Keune

2023

Journal of European Social Policy

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The launch of the European Pillar of Social Rights has reinvigorated the debate on the role that the European Union can exercise in the sphere of subjective rights. Such debate has traditionally focused on the limits of the current social acquis, considered unable to create fully-fledged European social citizenship, that ultimately remains limited to the right to reside and freely move within the EU and enjoy social rights as nationals. Conversely, this article argues that the gradual expansion of the EU’s social acquis has slowly but clearly started to disconnect social rights from their exclusive national foundations, leading to the emergence of a new marble cake pattern of right production, which to a large extent reproduces the trajectory of federal polities. To capture this development, this article proposes an original analytical framework to dissect the notion of social rights as bundles of power resources (normative, instrumental and enforcement), which enable individuals to claim and actually receive material benefits in order to cope with a codified array of risks and needs. By shifting the attention from the formal dimension (laws and their enforcement) to its concrete practice (access and outputs), our conception connects the concept of social citizenship more directly to what ultimately matters for life chances (individualised material benefits) as well as for the social and political bonds of a community (the rights-based claim and experience of social protection). In so doing, we move beyond the boundaries of the nation-state as the only producer of social entitlements and are able to appreciate the increasing relevance of the European Union as a provider of power resources and guarantor of policy outputs.

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Section: Social Rights As Power Resources In the Eu Multi-level Settingmentioning

confidence: 99%

Social citizenship as a marble cake: The changing pattern of right production and the role of the EU

Ferrera,

Corti,

Keune

2023

Journal of European Social Policy

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“…This ignited protests against EU-led economic liberalization in several countries, especially France, where fears of 'Polish plumbers' coming to work in France under Polish labour law contributed to the rejection of the Constitutional Treaty in the 2005 referendum (Böröcz and Sarkar, 2017). Next, in a series of decisions taken by the Court of Justice of the EU between 2007 and 2008 (Laval, Viking, Rüffert and Commission v. Luxembourg), the court consistently defended EU market freedoms against national social policy (Martinsen, 2015).…”

Section: Policy Legacies and The Commission's Reform Proposalmentioning

confidence: 99%

Making and breaking coalitions for a more ‘Social Europe’: The path towards the revision of the posted workers directive

Kyriazi

2023

European Journal of Industrial Relations

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The article traces the passage of the legislative amendment that changed the rules of the intra-EU posting of workers, proposed by the Juncker Commission in 2016. Using data gathered from the news media and 11 interviews, it reconstructs the policy-making process, finding that this was shaped by means of intergovernmental interactions between executives of (groups of) member states. A key turning point occurred in August 2017, when the then newly elected French President, Emmanuel Macron, embarked on a highly publicized tour in a select group of eastern European states, with the stated aim of building support for the amending Directive. Eventually, the coalition of Eastern European member states that had initially challenged the Commission’s proposal was dismantled, clearing the way for its adoption. Extra-institutional intergovernmental negotiations propel contested policy initiatives forward by limiting the range of actors involved in the policy process, by relaxing the complex decision-making rules characteristic of the EU, and by providing opportunities to instrumentalize media attention.

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“…Instead, CJEU infringement cases reflect diverging interpretations of EU law. Hence, the CJEU plays an important role in mediating conflicts and has actively pushed an integrationist agenda (Martinsen 2015). The CJEU tends to support the Commission's interpretation of EU legislation.…”

Section: Feedback Loops In Eu Railway Policymakingmentioning

confidence: 99%

Transforming a steam train: a historical institutionalist analysis of EU railway policy

Dyrhauge

2021

Journal of European Integration

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The European Commission wants to transform the railways as part of its wider sustainable transport policy agenda. However, the railways provide territorial cohesion and public services at the national level with little on-track competition or international services. The Council has resisted the Commission's attempt to transform the railways. This paper uses historical institutionalism to analyse feedback loops in EU railway policymaking, specifically analysing how the issue of EU railway governance has influenced policy development and how Council discussions concerning the opening of the domestic passenger market reveals a temporal dimension in policy development. The paper shows how the Council continues both to reduce the speed and change the direction of EU railway policymaking and that the adopted policies are ambiguous and create path dependency at the EU level while retaining nationallevel path dependency. The paper demonstrates the close relationship between historical institutionalism and railway policy in favouring stability over transformation.

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Dorte Sindbjerg Martinsen, An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Oxford, Oxford University Press, 2015, 272 pages

Cited by 4 publications

References 0 publications

Social citizenship as a marble cake: The changing pattern of right production and the role of the EU

Social citizenship as a marble cake: The changing pattern of right production and the role of the EU

Making and breaking coalitions for a more ‘Social Europe’: The path towards the revision of the posted workers directive

Transforming a steam train: a historical institutionalist analysis of EU railway policy

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