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The European Court of Justice and the Policy ProcessThe Shadow of Case Law$
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Susanne K. Schmidt

Print publication date: 2018

Print ISBN-13: 9780198717775

Published to Oxford Scholarship Online: February 2018

DOI: 10.1093/oso/9780198717775.001.0001

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Introduction

Introduction

Chapter:
(p.1) 1 Introduction
Source:
The European Court of Justice and the Policy Process
Author(s):

Susanne K. Schmidt

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198717775.003.0001

An intergovernmental treaty that has specific aims for cooperation has a very different thrust than national constitutions, which are designed to allow political order and to safeguard individual rights. I argue that the literature in political science on the ECJ is too focused on showing how member states can influence the Court. It overlooks the supranational outcomes that ensue when the Treaty contains policy prescriptions, while being constitutionalized through supremacy and direct effect. Through its case law, the Court provides additions to the Treaty. To demonstrate the importance of judicial policymaking through case-law development and codification, three steps are fundamental to the book’s argument. First, we have to understand both case-law development and the impact of the Court. Secondly and thirdly, we must ask how the ECJ’s case law may make a difference to policymaking at both the European and member-state levels.

Keywords:   European Court of Justice, judicial policymaking, case-law development, codification, political science analyses

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