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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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Legislative and Judicial Politics in the Post-Maastricht Era

Legislative and Judicial Politics in the Post-Maastricht Era

The Intergovernmentalist Paradox in the Council of Ministers

(p.227) 11 Legislative and Judicial Politics in the Post-Maastricht Era
The New Intergovernmentalism

Marzena Kloka

Susanne K. Schmidt

Oxford University Press

This chapter explores the interaction between the Council of Ministers, European Commission, and Court of Justice of the EU in the post-Maastricht period using the regulation of patient mobility in the 1990s and 2000s as a case study. On the surface, this is an area in which the Commission has sought new powers that the Council of Ministers showed itself willing to grant through new EU legislation. The Council had its room for manoeuvre seriously curtailed here, however, in so far as legislation was seen as preferable to case law driven by the Court of Justice. Thus, integration does not only happen as an explicit transfer of competencies from member states to supranational actors, but might also proceed as a subtle interaction between supranationalist and intergovernmentalist dynamics.

Keywords:   European Union, integration theory, integration paradox, new intergovernmentalism, Council of Ministers, Court of Justice, European Commission

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