Public Policy and the CJEU’s Power offers an overarching analytical framework for thinking about the impact of policy contexts on the CJEU’s influence on European public policy and the course of European integration. Thereby, it lays out a research agenda that is best described as public policy approach to studying judicial power in the European Union.
The policy contexts within which actors operate do not only structure the incentives to use litigation, they also affect how strongly the implementation of court rulings relies on these policy stakeholders. Therefore, the CJEU’s power is strongly depends on policy contexts and policy stakeholders. This argument is illustrated by a wide variety of empirical analyses covering the three major types of legal actions before the CJEU (infringement proceedings, preliminary rulings and annulments), a wide variety of policy fields (e.g. competition law, internal market regulation, common agriculture policy, social policies, foreign policy), and different types of policy stakeholders (e.g. public, private, subnational, national and European stakeholders). Using this rich empirical material, the book provides an analytic framework for thinking about how policy contexts influence the CJEU’s impact.
Bringing together expert contributions, Public Policy and the CJEU’s Power will be of great interest and use to scholars working on the European Union, law and politics, and public policy. The chapters were originally published as a special issue in the Journal of European Integration.
1. From high judges to policy stakeholders: a public policy approach to the CJEU’s power
Emmanuelle Mathieu, Christian Adam and Miriam Hartlapp
2. Domestic resistance against EU policy implementation: member states motives to take the Commission to Court
Emmanuelle Mathieu and Michael W. Bauer
3. Multilevel conflict over policy application–detecting changing cleavage patterns
4. Why some EU institutions litigate more often than others: exploring opportunity structures and actor motivation in horizontal annulment actions
5. On judicial mobilization: entrepreneuring for policy change at times of crisis
Juan A. Mayoral and Aida Torres Pérez
6. Is the Commission levelling the playing field? Rights enforcement in the European Union
7. The role of NGOs in environmental implementation conflicts: ‘stuck in the middle’ between infringement proceedings and preliminary rulings?
8. A causal loop? The Commission’s new enforcement approach in the context of noncompliance with EU law even after CJEU judgments
9. How long to compliance? Escalating infringement proceedings and the diminishing power of special interests
10. The Relationship between ‘Luxembourg’ and European and national administrative bodies
Rike U. Krämer-Hoppe
11. Lost in translation: how street-level bureaucrats condition Union solidarity
Jessica Sampson Thierry and Dorte Sindbjerg Martinsen