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The New IntergovernmentalismStates and Supranational Actors in the Post-Maastricht Era$
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Christopher J. Bickerton, Dermot Hodson, and Uwe Puetter

Print publication date: 2015

Print ISBN-13: 9780198703617

Published to Oxford Scholarship Online: August 2015

DOI: 10.1093/acprof:oso/9780198703617.001.0001

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The Court of Justice’s Dilemma—Between ‘More Europe’ and ‘Constitutional Mediation’

The Court of Justice’s Dilemma—Between ‘More Europe’ and ‘Constitutional Mediation’

Chapter:
(p.208) 10 The Court of Justice’s Dilemma—Between ‘More Europe’ and ‘Constitutional Mediation’
Source:
The New Intergovernmentalism
Author(s):

Marie-Pierre Granger

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198703617.003.0010

The Court of Justice of the EU is commonly presented as a powerful supranational engine and the unfailing hero of a liberal and federal Europe. The Court is thus an unlikely supporter of ‘new intergovernmentalism’. This chapter, through a selective analysis of the Court’s case law, judicial opinions, academic commentaries, and official statements in the post-Maastricht period, makes three key points. First, the Court does not systematically pursue a particular idea of Europe, but displays a marked preference for ‘more Europe’, whatever it takes. Second, the Court, although it has expanded its judicial control over intergovernmental processes, is at the same time deferential towards the specificities of these mechanisms, except where serious interferences with fundamental rights are involved. Third, the Court is overall supportive of the creation and empowerment of de novo bodies, even where these display intergovernmental features, except where its own judicial authority is threatened.

Keywords:   European Union, integration theory, integration paradox, new intergovernmentalism, Court of Justice, EU law

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