000			03019naaaa2200289uu 4500
001			https://directory.doabooks.org/handle/20.500.12854/71095
005			20220219182954.0
020			_aoso/9780198717775.001.0001
024	7		_a10.1093/oso/9780198717775.001.0001 _cdoi
041	0		_aEnglish
042			_adc
072		7	_aJPSN2 _2bicssc
072		7	_aLB _2bicssc
100	1		_aSchmidt, Susanne K. _4auth
245	1	0	_aThe European Court of Justice and the Policy Process : The Shadow of Case Law
260			_aOxford _bOxford University Press _c2018
300			_a1 electronic resource (320 p.)
506	0		_aOpen Access _2star _fUnrestricted online access
520			_aThe European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states’ preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court’s case law. If rulings have constitutional status, their impact is considerable, even if the Court only occasionally diverts from member states’ preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court’s development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union and its member states, undermining the legitimacy of this political order.
540			_aCreative Commons _fhttps://creativecommons.org/licenses/by-nc-nd/4.0/ _2cc _4https://creativecommons.org/licenses/by-nc-nd/4.0/
546			_aEnglish
650		7	_aEU & European institutions _2bicssc
650		7	_aInternational law _2bicssc
653			_aEuropean Court of Justice, judicialization, EU policymaking, case-law development, the power of the ECJ, constitutionalization
856	4	0	_awww.oapen.org _uhttps://library.oapen.org/bitstream/20.500.12657/49968/1/9780198717775.pdf _70 _zDOAB: download the publication
856	4	0	_awww.oapen.org _uhttps://directory.doabooks.org/handle/20.500.12854/71095 _70 _zDOAB: description of the publication
999			_c35447 _d35447