The Power of the European Court of Justice
The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Courts power to see if they remain viable in the Courts contemporary environment. We also need to better understand the ultimate limits of the Courts power the means through which and extent to which national governments, national courts, litigants and the Courts other interlocutors attempt to influence the Court and to limit the impact of its rulings.
In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Courts ability or willingness to act as a motor of integration.
This book was published as a special issue of the Journal of European Public Policy.
Susanne K. Schmidt is Professor of Political Science at the University of Bremen.
R. Daniel Kelemen is Jean Monnet Chair and Professor of Political Science at Rutgers University.
Journal of European Public Policy Series
Series Editor: Jeremy Richardson is a Professor at Nuffield College, Oxford University
This series seeks to bring together some of the finest edited works on European Public Policy. Reprinting from Special Issues of the Journal of European Public Policy, the focus is on using a wide range of social sciences approaches, both qualitative and quantitative, to gain a comprehensive and definitive understanding of Public Policy in Europe.
Towards a Federal Europe
Edited by Alexander H. Trechsel
The Disparity of European Integration
Edited by Tanja A. Brzel
Cross-National Policy Convergence:
Causes Concepts and Empirical Findings
Edited by Christoph Knill
Civilian or Military Power?
European Foreign Policy in Perspective
Edited by Helene Sjursen
The European Union and New Trade Politics
Edited by John Peterson and Alasdair R. Young
Comparative Studies of Policy Agendas
Edited by Frank R. Baumgartner, Christoffer Green-Pedersen and Bryan D. Jones
The Constitutionalization of the European Union
Edited by Berthold Rittberger and Frank Schimmelfenig
Empirical and Theoretical Studies in EU Lobbying
Edited by David Coen
Mutual Recognition as a New Mode of Governance
Edited by Susanne K. Schmidt
France and the European Union
Edited by Emiliano Grossman
Immigration and Integration Policy in Europe
Edited by Tim Bale
Reforming the European Commission
Edited by Michael W. Bauer
International Influence Beyond Conditionality
Postcommunist Europe after EU enlargement
Edited by Rachel A. Epstein and Ulrich Sedelmeier
The Role of Political Parties in the European Union
Edited by Bjrn Lindberg, Anne Rasmussen and Andreas Warntjen
EU External Governance
Projecting EU Rules beyond Membership
Edited by Sandra Lavenex and Frank Schimmelfennig
EMU and Political Science
What Have We Learned?
Edited by Henrik Enderlein and Amy Verdun
Learning and Governance in the EU Policy Making Process
Edited by Anthony R. Zito
Political Representation and EU Governance
Edited by Peter Mair and Jacques Thomassen
Europe and the Management of Globalization
Edited by Wade Jacoby and Sophie Meunier
Negotiation Theory and the EU
The State of the Art
Edited by Andreas Dr, Gemma Mateo and Daniel C. Thomas
The Political Economy of Europes Incomplete Single Market
Edited by David Howarth and Tal Sadeh
The European Unions Foreign Economic Policies
A Principal-Agent Perspective
Edited by Andreas Dr and Michael Elsig
The Politics of the Lisbon Agenda
Governance Architectures and Domestic Usages of Europe
Edited by Susana Borrs and Claudio M. Radaelli
Agency Governance in the European Union
Edited by Berthold Rittberger and Arndt Wonka
The EU Timescape
Edited by Klaus H. Goetz and Jan-Hinrik Meyer-Sahling
The EUs Common Foreign and Security Policy
Edited by Helene Sjursen
Economic Patriotism in Open Economies
Edited by Ben Clift and Cornelia Woll
The Power of the European Court of Justice
Edited by Susanne K. Schmidt and R. Daniel Kelemen
First published 2013
by Routledge
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2013 Taylor & Francis
This book is a reproduction of the Journal of European Public Policy, vol. 19, issue 1. The Publisher requests to those authors who may be citing this book to state, also, the bibliographical details of the special issue on which the book was based.
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A catalogue record for this book is available from the British Library
ISBN13: 978-0-415-62788-7
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Publishers Note
The publisher would like to make readers aware that the chapters in this book may be referred to as articles as they are identical to the articles published in the special issue. The publisher accepts responsibility for any inconsistencies that may have arisen in the course of preparing this volume for print.
