Suchergebnisse

The Court of Justice of the European Union : master of integration? -- A social policy for the European Union -- Battles on working time : rejecting court influence -- Patients' rights in cross-border healthcare : modifying judicial influence -- Regulating the posting of workers : rejecting and modifying court influence

Jens Blom-Hansen, Jørgen Grønnegård Christensen, Caroline Howard Grøn, Michael Hansen Jensen og Peter Bjerre Mortensen (2021), Det nationale råderum ved gennemførelse af EU-regler, København: DJØF-forlag.

Maurizio Ferrera's essay on how to take EU citizenship forward is an inspiring and welcome contribution to a heated, politicised debate. In my contribution I focus on the tension between the 'small constituency of mobile citizens' and those who stay. As researcher we need to engage in fact-finding missions. And there is empirical evidence that mobile EU citizens are net contributors to the public purse. There are still negative externalities of EU free movement that need to be confronted politically. The question then becomes: at what regulatory level and with which means? I suggest that some forms of differentiated integration in this respect may disturb the uniformity of EU rules, but could at the same time increase its domestic support.

The ability of courts to generate political change has long been debated in national, comparative, and international politics. In the examination of the interaction between judicial and legislative politics, scholars have disagreed on the degree of judicial power and the ability of politics to override unwanted jurisprudence. In this debate, the Court of Justice of the European Union (CJEU) has become famous for its central and occasionally controversial role in European integration. This article examines to what extent and under which conditions judicial decisions influence European Union (EU) social policy outputs. A taxonomy of judicial influence is constructed, and expectations of institutional and political conditions on judicial influence are presented. The analysis draws on an extensive novel data set and examines judicial influence on EU social policies over time, that is, between 1958 and 2014, as well as for case studies of working-time regulations and patients' rights. The findings demonstrate that both the codification and overriding of judicial decisions are unlikely in the contemporary EU-28 of fragmented politics. However, modification and nonadoption constitute other political responses to attenuate unwelcome jurisprudence and constrain the legislative effect of judicial decisions.