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The European Court Of Justice And The Policy Process: The Shadow Of Case Law

Oxford University Press
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9780198717775
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ISBN13:
9780198717775
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This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
  • | Author: Susanne K. Schmidt
  • | Publisher: Oxford University Press
  • | Publication Date: Mar 25, 2018
  • | Number of Pages: 312 pages
  • | Language: English
  • | Binding: Hardcover/Law
  • | ISBN-10: 0198717776
  • | ISBN-13: 9780198717775
Author:
Susanne K. Schmidt
Publisher:
Oxford University Press
Publication Date:
Mar 25, 2018
Number of pages:
312 pages
Language:
English
Binding:
Hardcover/Law
ISBN-10:
0198717776
ISBN-13:
9780198717775