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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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The Europeanization Effects of Case Law

The Europeanization Effects of Case Law

Chapter:
(p.197) 7 The Europeanization Effects of Case Law
Source:
The European Court of Justice and the Policy Process
Author(s):

Susanne K. Schmidt

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198717775.003.0007

Chapter 7 seeks to summarize what we can learn from different case studies concerning member-state responses to EU case law. Compliance with secondary law requires the implementation of specific policies, but case law cannot make comprehensive policy prescriptions. Instead, it normally prohibits certain member-state policies by declaring them to be in conflict with EU law. There can be no expectation for the one-dimensional impact of case law, I argue. Given that the Europeanization effects of case law have hardly been researched, I give an overview of different responses, structured according to executive, legislative, and judiciary reactions, which are considered alongside the responses from societal actors. In particular, the example of EU citizens’ access to tax-financed social benefits shows how difficult it is for national administrations to translate case-law principles into general administrative procedures.

Keywords:   Europeanization, implementation of EU case law, member states, administrating case law, executive, legislative and judiciary reactions

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