2011
DOI: 10.1007/s11609-011-0154-z
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The European Court of Justice as the engine of integration: An actor-centered explanation

Abstract: shed light on the Court's room for manoevre. They have to be complemented by actor-centered explanations that shed light on the judges' motives of action. The explanation offered by the following paper is unfolded in two steps. In the first one, the article describes idiosyncrasies of the european law discourse that already shaped the judges before they were appointed. The analysis of the idiosyncrasies corresponds to a scepticism towards the idea of national sovereignty, a belief in the necessity of creative … Show more

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Cited by 22 publications
(6 citation statements)
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References 30 publications
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“…Martin Höpner (2011) has shown in great detail how EU lawyers have cultivated an ethos in which the transfer of competence to the European level is regarded as a good thing per se. European legal scholars are not highly concerned by the fact that the Court cannot on the whole be overruled.…”
Section: The Court Its Judges and Its Professional Environmentmentioning
confidence: 99%
“…Martin Höpner (2011) has shown in great detail how EU lawyers have cultivated an ethos in which the transfer of competence to the European level is regarded as a good thing per se. European legal scholars are not highly concerned by the fact that the Court cannot on the whole be overruled.…”
Section: The Court Its Judges and Its Professional Environmentmentioning
confidence: 99%
“…Our interviews with four merger control experts and the merger decision citation data suggest that the negative integration function that emerges from the statistical macro‐level patterns of decisions is not necessarily the result of the micro‐diffusion of neoliberal ideology in Brussels, but instead a reflection of the set‐up of EU institutions and the autonomy left to self‐referential bureaucracies. The article thus expands and contributes to the debate about other EU actors such as the Court of Justice (Höpner, 2011) or the European Central Bank (Braun, 2016) that have been found to contribute to European economic liberalization through their structural design rather than by the mere diffusion of neoliberal ideas.…”
Section: Introductionmentioning
confidence: 84%
“…No matter which legal method of interpretation one uses, rulings are always based on interpretations of the law. This process of the interpretation of more-or-less (un-)clear words, phrases, situations, and potential precedents adds the attitudes and ideological predispositions of judges to the equation (Segal and Spaeth 2002, 86-97; for the CJEU, see Höpner 2011;Vauchez 2012). Based on this understanding of judicial decision making, potential litigants-and researchers, for that matter-try to predict court decisions based on the ideological predispositions of judges.…”
Section: Litigant Configurations and Judicial Successmentioning
confidence: 99%