Judicial Activism at the European Court of Justice

Dawson, Mark; Witte, Bruno De; Muir, Élise

doi:10.4337/9780857939401

Cited by 64 publications

(12 citation statements)

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“…84 These modifications essentially codified ECJ rulings and illustrate well the vital role of the Court in advancing the integration process that several scholars point out. 85 However, we should not underestimate the role of the market, and the actual labour migration, in enabling the equalisation through the dissociation-unification process.…”

Section: Towards An Authoritarian Eumentioning

confidence: 98%

The Competitive Solidarity of European Integration

Hartmann¹

2015

Global_Europe

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The paper outlines the insights we gain by drawing on Michel Foucault’s study of governmentality in the light of the importance of Ordoliberalism as a structuring principle of European integration. It further develops this perspective by interrelating it to a critical state theoretical perspective and sociology of competition with a view to contributing to a better understanding of the role of competition in establishing social bonds. A key concept the paper develops is competitive solidarity. The second part of the paper provides a more empirical analysis of an emerging competitive solidarity at European level, highlighting the interaction between solidarity and competition in the sphere of European social policy. The analysis of this sui generis social policy provides interesting insights into the complexity of the attempt to establish European social bonds, paving the way for a European society.

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Section: Towards An Authoritarian Eumentioning

confidence: 98%

The Competitive Solidarity of European Integration

Hartmann¹

2015

Global_Europe

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“…98 Strategic Partnership Agreement between the EU and its MS, and Japan, OJ 2018 L 216/4. 99 On this issue see Dawson et al (2013), Horsley (2013), Lienbacher (2013), Martinsen (2015).…”

Section: A 'Gouvernement Des Juges'?mentioning

confidence: 99%

The Ethical Spirit of EU Law

Frischhut

2019

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“…That, of course, does not mean that all of its rulings are automatically accepted. This is especially true where the CJEU develops innovative doctrines, sometimes in clear opposition to the intent of the EU legislature (Dawson et al ., 2013; de Waele, 2010). Examples for such types of judgments include the creation of an obligation to recognise other Member States’ product regulations, the CJEU's very permissive definition of what constitutes a ‘worker’ who would enjoy unrestricted free-movement rights, its (initially) generous interpretation of migrant citizens’ access to host state welfare benefits, its very restrictive interpretation of the national labour market rules that can be applied to posted workers or its development of the concept of age discrimination in labour market rules.…”

Section: Forms Of Resistance Against the Cjeumentioning

confidence: 99%

Resistance against the Court of Justice of the European Union

Hofmann

2018

International Journal of Law in Context

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This contribution reviews different forms of resistance against the Court of Justice of the European Union (CJEU). While backlash is rare, various forms of pushback are more common than accounts of the CJEU's apparent success suggest. It is not uncommon that national policy-makers, administrations and the judiciary fail to comply with individual rulings. Moreover, Member State authorities have developed multiple strategies to limit the practical effect of controversial lines of CJEU case-law. The availability of ‘work-arounds’ that national authorities can live with shields the CJEU against significant backlash. At the same time, the multiple processes of pushback in the Member States lead to an outcome of considerable heterogeneity.

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Judicial Activism at the European Court of Justice

Cited by 64 publications

References 0 publications

The Competitive Solidarity of European Integration

The Competitive Solidarity of European Integration

The Ethical Spirit of EU Law

Resistance against the Court of Justice of the European Union

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