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

Research output: Book/ReportBookpeer-review

Standard

An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union. / Martinsen, Dorte Sindbjerg.

Oxford : Oxford University Press, 2015. 256 p. (Oxford Studies in European Law).

Research output: Book/ReportBookpeer-review

Harvard

Martinsen, DS 2015, An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union. Oxford Studies in European Law, Oxford University Press, Oxford.

APA

Martinsen, D. S. (2015). An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union. Oxford University Press. Oxford Studies in European Law

Vancouver

Martinsen DS. An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union. Oxford: Oxford University Press, 2015. 256 p. (Oxford Studies in European Law).

Author

Martinsen, Dorte Sindbjerg. / An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union. Oxford : Oxford University Press, 2015. 256 p. (Oxford Studies in European Law).

Bibtex

@book{a83384cea39c43faa09ceb82f6956ad5,
title = "An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union.",
abstract = "Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case studies: EU working time regulation, patients{\textquoteright} rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial influence on policy outputs. Rather than being judicialized, EU politics respond to and condition the political impact of legal integration, which again affects judicial behaviour.",
keywords = "Faculty of Social Sciences, Court of Justice, CJEU, ECJ, judicialization, legislative politics, inter-institutional dynamics, political actors, EU social policies, EU healthcare policies, law politics interaction",
author = "Martinsen, {Dorte Sindbjerg}",
year = "2015",
language = "English",
isbn = "9780198753391",
series = "Oxford Studies in European Law",
publisher = "Oxford University Press",
address = "United Kingdom",

}

RIS

TY - BOOK

T1 - An Ever More Powerful Court?

T2 - The Political Constraints of Legal Integration in the European Union.

AU - Martinsen, Dorte Sindbjerg

PY - 2015

Y1 - 2015

N2 - Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial influence on policy outputs. Rather than being judicialized, EU politics respond to and condition the political impact of legal integration, which again affects judicial behaviour.

AB - Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial influence on policy outputs. Rather than being judicialized, EU politics respond to and condition the political impact of legal integration, which again affects judicial behaviour.

KW - Faculty of Social Sciences

KW - Court of Justice

KW - CJEU

KW - ECJ

KW - judicialization

KW - legislative politics

KW - inter-institutional dynamics

KW - political actors

KW - EU social policies

KW - EU healthcare policies

KW - law politics interaction

UR - http://www.oxfordscholarship.com.ep.fjernadgang.kb.dk/view/10.1093/acprof:oso/9780198753391.001.0001/acprof-9780198753391

M3 - Book

SN - 9780198753391

T3 - Oxford Studies in European Law

BT - An Ever More Powerful Court?

PB - Oxford University Press

CY - Oxford

ER -

ID: 142312407