An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union

Hardcover | November 1, 2015

byDorte Sindbjerg Martinsen

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The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a "master of integration" for its capacity to strengthen integration, sometimes against the will of memberstates. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with hercareful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a "law attainment" approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change fora European Union social policy.

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The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a "master of integration" for its capacity to strengthen integration, sometimes against the will of memberstates. In the public debate, the CJEU has been...

Dorte Sindbjerg Martinsen is a professor at the University of Copenhagen, Department of Political Science. Her research focuses on EU welfare policies, investigating in particular the interaction between law and politics in European integration and Europeanisation. Her work has appeared in journals such as Public Administration, Americ...
Format:HardcoverDimensions:272 pages, 9.21 × 6.14 × 0.83 inPublished:November 1, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019875339X

ISBN - 13:9780198753391

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Table of Contents

1. Introduction2. The Court of Justice of the European Union: Master of Integration?3. A Social Policy for the European Union4. Battles on Working Time: Rejecting Court Influence5. Patients' Rights in Cross-Border Healthcare: Modifying Judicial Influence6. Regulating the Posting of Workers: Rejecting and Modifying Court Influence7. ConclusionAnnex 1. Major Commission Proposals Social and Healthcare Policies 1957-2014Annex 2. Judicial Influence on Policy Outputs over TimeAnnex 3. From Proposal to Final Adopted ActAnnex 4. Adding to Annex IIa Over the Years

Editorial Reviews

"This book has the potential of becoming a landmark in European policy research. By focusing on the interaction between the Court and political legislation it goes far beyond the conventional opposition of legal vs. political, technocratic vs. interest-driven, or supranational vs.intergovernmental approaches in accounting for the true complexity and contingency of European social integration." --Fritz W. Scharpf, Max Planck Institute for the Study of Societies, Cologne