How Bureaucracies Listen to Courts: Bureaucratized Calculations and European Law

Greer, Scott L.; Iniesta, María Martín de Almagro

doi:10.1111/lsi.12035

Cited by 7 publications

(2 citation statements)

References 70 publications

(102 reference statements)

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In the context of federalism and territorial politics, this means that contained compliance by governments with court decisions can be quite common. The null hypothesis would be that a court decision against a regional government will have an impact largely proportional to the size of the supportive coalition behind that change (Greer and Martín de Almagro Iniesta 2013;Epp 2009;Canon and Johnson 1999;McCann 1994). Losers make strategic calculations about how to respond to decisions and might opt for contained compliance or efforts to change the law.…”

Section: Coordination: Courts and The Judiciarymentioning

confidence: 99%

Putting Federalism in Its Place

2023

View full text Add to dashboard Cite

supported the project that led to this and the earlier volume, Federalism and Social Policy. Theresa Ramirez and Connie Rockman supported that project with the generosity and competence they always show. Comments from Alan Trench, Janet Laible, and Margitta Mätzke on the initial development of this project were very helpful. Finally, the University of Michigan Press, especially Elizabeth Demers, Kevin Rennells, and Haley Winkle, were the combination of supportive, engaged, tough, and patient that authors always appreciate. CHAPTER 1Why Should We Care about Federalism?In Texarkana there is an unusual building. As its name suggests, the town straddles the border between the U.S. states of Texas and Arkansas. The building stands along the border, half on each side. It is a U.S. federal government building, finished in 1933, that combines post offices and courts. The federal courts serving Texas are on the Texas side, and the federal courts serving Arkansas are on the Arkansas side. A post office, equally divided between the two states, serves both. The street splits to go around the building, with different pavement quality and parking rules on the two sides.That one building in a little-known railroad town is a metaphor for federalism. The states constitute the environment, but the federation constitutes the states. It is a legacy of specific political moments and policy decisions that there is a shared post office, serving the American people, in a unifying federal building that reinforces juridical divides between states in its very design. Perhaps it is telling that it is said (by the town's tourism bureau) to be the second most photographed federal building in the United States. It is of no significant architectural interest-except insofar as its location and its twinned courthouses inscribe federal politics in its stones. Letters mailed there since 1933 have been postmarked with a stamp that marks them as having been mailed in both states: "Texarkana-AR-TX" or "Texarkana, USA."The concrete complexity of a federal building in the American Cotton Belt belies much of what is written about federalism. Much research about the impact of federalism, or any other political or social institution, treats it as a binary variable, present or absent, and then look for its effects. Endless effort has been expended and endless ink spilled in scholarly and popular 1. More specifically, this book focuses primarily on federal countries located in Australasia, North America, and Western Europe, which does not mean the lessons it draws are not applicable to federal countries located outside the Global North, such as Argentina,

show abstract

Section: Coordination: Courts and The Judiciarymentioning

confidence: 99%

Putting Federalism in Its Place

2023

View full text Add to dashboard Cite

show abstract

“…A rational analysis of the benefits and, more importantly, the costs associated with compliance seems to dominate actors' attitudes towards CJEU case law (Conant, 2002;Blauberger, 2014;Greer and Martín de Almagro Iniesta, 2014). According to this logic, governments comply with CJEU rulings after rationally weighing the instrumental costs of compliance against the potential costs of non-compliance (Beach, 2005, p. 114).…”

Section: State Of the Art And Empirical Evidence From Germany And Francementioning

confidence: 99%

The end of eastern territoriality? CJEU compliance in the new member states

2017

View full text Add to dashboard Cite

How does compliance with Court of Justice of the European Union (CJEU) rulings on patient mobility in the new Member States compare to the old Member States? Studying new Member States' compliance practices would highlight the state of territoriality, the CJEU's effective influence and the European healthcare union's strength among the new Members. To provide a structured analysis and transferrable results, we compare Poland, the Czech Republic and Bulgaria with France and Germany. These countries are selected on the basis of commonalities in their systems' organization. For the results for the old Member States, we rely on Obermaier's 2009 "The End of Territoriality". This study is qualitative in nature and relies mostly on qualitative semi-structured interviews with experts from ministries of health, health insurers and legal experts from all three countries. We distinguish between formal and informal compliance and based on this, we advance an analytical framework for a systematic study of CJEU compliance across the EU. Our findings produce a heterogeneous picture of these countries, with all three of them demonstrating different modes of compliance. This is due to distinct domestic conditions, ranging from insurance fund amenability and national court complaisance to state administration obstinacy.

show abstract

Introduction: The Discipline of International Economic Law at a Crossroads

Rasulov

2019

New Voices and New Perspectives in International Economic Law

View full text Add to dashboard Cite

How Bureaucracies Listen to Courts: Bureaucratized Calculations and European Law

Cited by 7 publications

References 70 publications

Putting Federalism in Its Place

Putting Federalism in Its Place

The end of eastern territoriality? CJEU compliance in the new member states

Introduction: The Discipline of International Economic Law at a Crossroads

Contact Info

Product

Resources

About