With Luxembourg in mind … the remaking of national policies in the face of ECJ jurisprudence

Blauberger, Michael

doi:10.1080/13501763.2012.632150

Cited by 85 publications

(77 citation statements)

References 24 publications

(7 reference statements)

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“…Jensen and Spoon (2011) showed the partisanship of governments had a crucial influence on member states' compliance with the greenhouse gas reduction targets agreed among EU member states to implement the Kyoto Protocol. Additional evidence on the relevance of party politics was presented by studies on member states' reactions to ECJ case law in the fields of healthcare, trade union rights, and citizenship (Obermaier 2009;Sack 2012;Blauberger 2012;Schmidt 2014).…”

Section: Domestic Factors Related To Member States' Willingness To Comentioning

confidence: 99%

Implementing and complying with EU governance outputs

Treib¹

2014

Living Rev. Euro. Gov.

176

202

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This essay takes stock of the literature on how European Union policies are being put into practice by the member states. It first provides an overview of the historical evolution of the field. After a relatively late start in the mid-1980s, the field has meanwhile developed into one of the growth industries within EU research. The paper identifies four waves of EU implementation scholarship, each with its own theoretical, empirical and methodological focus. In the second part, the review discusses the most important theoretical, empirical and methodological lessons to be drawn from existing studies. Four conclusions emanate from the analysis of existing EU implementation research. First, the literature has focused heavily on the transposition of EU directives, while comparatively little is known about issues of enforcement and application of both directives and regulations or about member states' reactions to negative integration. Second, scholars studying the transposition of directives seem to agree that we need to address factors that influence member states' willingness and capacities to comply. The main task to be accomplished by future research is to establish under what conditions which configurations of factors prevail, especially with regard to sectoral differences. Third, more energy needs to be devoted to systematic research on the phase of practical implementation, and this research should make more use of theoretical insights from domestic implementation research as well as from management and enforcement approaches. Fourth, quantitative transposition research will have to improve the data it uses to measure the dependent variable. Scholars should explore better data sources and invest more energy in collecting their own data on transposition timing and correctness. Research on application and enforcement, on the other hand, needs to go beyond case studies and instead search for or produce data with which the practical phase of implementation can be analysed on a broader, more comparative scale.

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Section: Domestic Factors Related To Member States' Willingness To Comentioning

confidence: 99%

Implementing and complying with EU governance outputs

Treib¹

2014

Living Rev. Euro. Gov.

176

202

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“…First, mere neglect is often unsustainable or even counter-productive for limiting the domestic impact of the Court's case law. Rather, member state legislatures may have to engage in systematic reforms precisely to shield domestic policies from further judicial intervention (Blauberger 2012). The underlying political rationale in these instances, then, is that 'it is better to define than to be defined' (Martinsen 2005(Martinsen : 1049.…”

Section: False Expectations Vs Real Impactmentioning

confidence: 99%

The European Court of Justice and its political impact

Blauberger

Schmidt

2017

West European Politics

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“…By achieving this goal, Blauberger observed that 'the ECJ triggers broader reforms at the national level.' 100 In the case of the access rights and transparency regime, the CJEU jurisprudence has provided many precedents that deal with the relationship between national and union policies and legislation (IFAW, the Donau Chemie).…”

Section: Preliminary Implications and Counterargumentsmentioning

confidence: 99%

Courts: An Effective Venue to Promote Government Transparency? The Case of the Court of Justice of the European Union

Spahiu¹

2015

Utrecht Journal of International and European Law

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With Luxembourg in mind … the remaking of national policies in the face of ECJ jurisprudence

Cited by 85 publications

References 24 publications

Implementing and complying with EU governance outputs

Implementing and complying with EU governance outputs

The European Court of Justice and its political impact

Courts: An Effective Venue to Promote Government Transparency? The Case of the Court of Justice of the European Union

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