Emmanuelle Mathieu - Public Policy and the Cjeus Power: Bringing Stakeholders In

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Public Policy and the CJEUs Power

Public Policy and the CJEUs Power offers an overarching analytical framework for thinking about the impact of policy contexts on the CJEUs influence on European public policy and the course of European integration. Thereby, it lays out a research agenda that is best described as a public policy approach to studying judicial power in the European Union.

The policy contexts within which actors operate do not only structure the incentives to use litigation, they also affect how strongly the implementation of court rulings rely on these policy stakeholders. Therefore, the CJEUs power is strongly dependent on policy contexts and policy stakeholders. This argument is illustrated by a wide variety of empirical analyses covering the three major types of legal actions before the CJEU (infringement proceedings, preliminary rulings and annulments), a wide variety of policy fields (e.g. competition law, internal market regulation, common agriculture policy, social policies, foreign policy), and different types of policy stakeholders (e.g. public, private, subnational, national and European stakeholders). Using this rich empirical material, the book provides an analytic framework for thinking about how policy contexts influence the CJEUs impact.

Bringing together expert contributions, Public Policy and the CJEUs Power will be of great interest and use to scholars working on the European Union, law and politics and public policy. The chapters were originally published as a special issue in the Journal of European Integration.

Emmanuelle Mathieu is a lecturer at the Institute of Political Studies, University of Lausanne. Her research focuses on comparative public policy and regulatory governance, mainly in the EU and multi-level contexts, as well as in developing countries.

Christian Adam is Assistant Professor at the Geschwister Scholl Institute of Political Science at the LMU Munich. His research focuses on comparative public policy and public administration where he concentrates in particular on institutional (mis-)behaviour and institutional change.

Miriam Hartlapp is Professor for Comparative Politics: Germany and France at the Freie Universitt Berlin (FUB). Her research focuses on governance in the EU multi-level system, particularly the European Commission and the role of France and Germany in the EU, implementation, (non-)compliance and enforcement, as well as regulation of economic and social policies.

Journal of European Integration Special Issues

Series editors:

Thomas Christiansen, Maastricht University, Netherlands

Simon Duke, European Institute of Public Administration, Netherlands

The Journal of European Integration book series is designed to make our Special Issues accessible to a wider audience. All of the themes covered by our Special Issues and the series are carefully selected with regard to the topicality of the questions addressed in the individual volumes, as well as to the quality of the contributions. The result is a series of books that are sufficiently short to appeal to the curious reader, but that also offer ample depth of analysis to appeal to the more specialist reader, with contributions from leading academics.

European Parliament Elections after Eastern Enlargement

Edited by Hermann Schmidt

The Common Agricultural Policy

Policy Dynamics in a Changing Context

Edited by Grace Skogstad and Amy Verdun

The External Dimension of Justice and Home Affairs

A Different Security Agenda for the European Union?

Edited by Sarah Wolff, Nicole Wichmann and Gregory Mounier

Policy Coherence and EU Development Policy

Edited by Maurizio Carbonne

The Future of European Foreign Policy

Edited by Erik Jones and Saskia van Genugten

The EU as a Global Player

The Politics of Interregionalism

Edited by Fredrick Soderbaum and Luk Van Langenhove

European Boundaries in Question

Edited by Richard Bellamy, Joseph Lacey and Kalypso Nicoladis

Political Leadership in the European Union

Edited by Ingeborg Tmmel and Amy Verdun

Public Policy and the CJEUs Power

Bringing Stakeholders In

Edited by
Emmanuelle Mathieu, Christian Adam and Miriam Hartlapp

First published 2020
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

and by Routledge
52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

Chapters 15 & Chapters 911 2020 Taylor & Francis
Chapters 68 2018 Andreas Hofmann, Mariolina Eliantonio and Gerda Falkner.
Originally published as Open Access.

With the exception of , please see the chapters Open Access footnotes.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

ISBN13: 978-0-367-42502-9

Typeset in Myriad Pro
by Newgen Publishing UK

Publishers Note
The publisher accepts responsibility for any inconsistencies that may have arisen during the conversion of this book from journal articles to book chapters, namely the inclusion of journal terminology.

Disclaimer
Every effort has been made to contact copyright holders for their permission to reprint material in this book. The publishers would be grateful to hear from any copyright holder who is not here acknowledged and will undertake to rectify any errors or omissions in future editions of this book.

Contents

Emmanuelle Mathieu, Christian Adam and Miriam Hartlapp

Emmanuelle Mathieu and Michael W. Bauer

Christian Adam

Miriam Hartlapp

Juan A. Mayoral and Aida Torres Prez

Andreas Hofmann

Mariolina Eliantonio

Gerda Falkner

Tobias Hofmann

Rike U. Krmer- Hoppe

Jessica Sampson Thierry and Dorte Sindbjerg Martinsen

The chapters in this book were originally published in the Journal of European Integration, volume 40, issue 6 (September 2018). When citing this material, please use the original page numbering for each article, as follows:

Chapter 1

From high judges to policy stakeholders: a public policy approach to the CJEUs power

Emmanuelle Mathieu, Christian Adam and Miriam Hartlapp

Journal of European Integration, volume 40, issue 6 (September 2018) pp. 653666

Chapter 2

Domestic resistance against EU policy implementation: member states motives to take the Commission to Court

Emmanuelle Mathieu and Michael W. Bauer

Journal of European Integration, volume 40, issue 6 (September 2018) pp. 667682

Chapter 3

Multilevel conflict over policy applicationdetecting changing cleavage patterns

Christian Adam

Journal of European Integration, volume 40, issue 6 (September 2018) pp. 683700

Chapter 4

Why some EU institutions litigate more often than others: exploring opportunity structures and actor motivation in horizontal annulment actions

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