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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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Europeanization With and Against the Odds

Europeanization With and Against the Odds

The Cases of Meilicke and Zambrano

Chapter:
(p.169) 6 Europeanization With and Against the Odds
Source:
The European Court of Justice and the Policy Process
Author(s):

Susanne K. Schmidt

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198717775.003.0006

The extent to which member states still enjoy the autonomy to regulate their society and economy ultimately depends on the way the Court interprets the constraints of the Treaty. As a consequence, the domestic impact of the EU goes beyond the implementation of European secondary law, which Europeanization research focuses on. European case law should take immediate effect in the member states, but the literature in this area expects member states to contain compliance. Chapter 6 contrasts two case studies for markedly different member-state reactions to case law: the German reaction to the Meilicke tax cases and the Irish reaction to the Zambrano case. While the Meilicke case confirms that case law does not generally have a direct impact at the member-state level, the implementation of the Zambrano case by Ireland and other member states shows that member states also implement EU case law in a rule-of-law fashion.

Keywords:   Judicial Europeanization, Zambrano case, Meilicke case, contained compliance, treaty constraints

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