Judicial policy-making and Europeanization: the proportionality of national control and administrative discretion

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Judicial policy-making and Europeanization : the proportionality of national control and administrative discretion. / Martinsen, Dorte Sindbjerg.

In: Journal of European Public Policy, Vol. 18, No. 7, 2011, p. 944-961.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Martinsen, DS 2011, 'Judicial policy-making and Europeanization: the proportionality of national control and administrative discretion', Journal of European Public Policy, vol. 18, no. 7, pp. 944-961. https://doi.org/10.1080/13501763.2011.599962

APA

Martinsen, D. S. (2011). Judicial policy-making and Europeanization: the proportionality of national control and administrative discretion. Journal of European Public Policy, 18(7), 944-961. https://doi.org/10.1080/13501763.2011.599962

Vancouver

Martinsen DS. Judicial policy-making and Europeanization: the proportionality of national control and administrative discretion. Journal of European Public Policy. 2011;18(7):944-961. https://doi.org/10.1080/13501763.2011.599962

Author

Martinsen, Dorte Sindbjerg. / Judicial policy-making and Europeanization : the proportionality of national control and administrative discretion. In: Journal of European Public Policy. 2011 ; Vol. 18, No. 7. pp. 944-961.

Bibtex

@article{054a0500da9a11df825b000ea68e967b,
title = "Judicial policy-making and Europeanization: the proportionality of national control and administrative discretion",
abstract = "Judicial policy-making is having an increasing impact on political domains traditionally guarded by national sovereignty. This paper examines how the European judiciary has expanded Community competences into the policy domains of welfare and immigration, followed by subsequent Europeanization, against the preferences of the member governments. It finds that the principle of proportionality constitutes a most powerful means for the European Court to strike the balance between supranational principles and national policy conditions and administrative discretion. While the Court has previously been cautious to apply the principle beyond economic law, it no longer treads as reluctantly, instead generally limiting the inner core of national policy control, i.e. the capacity of the national executive to detail, condition and administer national policies in almost all domains.",
author = "Martinsen, {Dorte Sindbjerg}",
year = "2011",
doi = "10.1080/13501763.2011.599962",
language = "English",
volume = "18",
pages = "944--961",
journal = "Journal of European Public Policy",
issn = "1350-1763",
publisher = "Routledge",
number = "7",

}

RIS

TY - JOUR

T1 - Judicial policy-making and Europeanization

T2 - the proportionality of national control and administrative discretion

AU - Martinsen, Dorte Sindbjerg

PY - 2011

Y1 - 2011

N2 - Judicial policy-making is having an increasing impact on political domains traditionally guarded by national sovereignty. This paper examines how the European judiciary has expanded Community competences into the policy domains of welfare and immigration, followed by subsequent Europeanization, against the preferences of the member governments. It finds that the principle of proportionality constitutes a most powerful means for the European Court to strike the balance between supranational principles and national policy conditions and administrative discretion. While the Court has previously been cautious to apply the principle beyond economic law, it no longer treads as reluctantly, instead generally limiting the inner core of national policy control, i.e. the capacity of the national executive to detail, condition and administer national policies in almost all domains.

AB - Judicial policy-making is having an increasing impact on political domains traditionally guarded by national sovereignty. This paper examines how the European judiciary has expanded Community competences into the policy domains of welfare and immigration, followed by subsequent Europeanization, against the preferences of the member governments. It finds that the principle of proportionality constitutes a most powerful means for the European Court to strike the balance between supranational principles and national policy conditions and administrative discretion. While the Court has previously been cautious to apply the principle beyond economic law, it no longer treads as reluctantly, instead generally limiting the inner core of national policy control, i.e. the capacity of the national executive to detail, condition and administer national policies in almost all domains.

U2 - 10.1080/13501763.2011.599962

DO - 10.1080/13501763.2011.599962

M3 - Journal article

VL - 18

SP - 944

EP - 961

JO - Journal of European Public Policy

JF - Journal of European Public Policy

SN - 1350-1763

IS - 7

ER -

ID: 22568174