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The European Court of Justice and the Policy Process – The Shadow of Case Law - Oxford Scholarship Online
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The European Court of Justice and the Policy Process: The Shadow of Case Law

Susanne K. Schmidt

Abstract

The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states’ preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court’s case law. If rulings have constituti ... More

Keywords: European Court of Justice, judicialization, EU policymaking, case-law development, the power of the ECJ, constitutionalization

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198717775
Published to Oxford Scholarship Online: February 2018 DOI:10.1093/oso/9780198717775.001.0001

Authors

Affiliations are at time of print publication.

Susanne K. Schmidt, author
Professor of Political Science, University of Bremen