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Prof. Dr  Wolfgang Schumann

Stone Sweet (20109. The European Court of Justice and the judicialization of EU governance - 2 views

    This Living Reviews article evaluates the most important strains of social science research on the impact of the European Court of Justice (ECJ) on integration, EU-level policymaking, and national legal orders. Section 2 defines the concepts of judicialization and governance, and discusses how they are related. As the article demonstrates, the "constitutionalization of the EU," and its effect on EU governance, is one of the most complex and dramatic examples of judicialization in world history. Section 3 discusses the institutional determinants of judicial authority in the EU in light of delegation theory. The European Court, a Trustee of the Treaty system rather than a simple Agent of the Member States, operates in an unusually broad zone of discretion, a situation the Court has exploited in its efforts to enhance the effectiveness of EU law. Section 4 focuses on the extraordinary impact of the European Court of Justice, and of the legal system it manages, on the overall course of market and political integration. Section 5 provides an overview of the process through which the ECJ's case law - its jurisprudence - influences the decision-making of non-judicial EU organs and officials. Section 6 considers the role of the ECJ and the national courts in monitoring and enforcing Member State compliance with EU law, a task that has provoked a steady Europeanization of national law and policymaking.
Prof. Dr  Wolfgang Schumann

26.08.10: German judges strengthen EU court, clarify Lisbon ruling - 0 views

  • Germany's constitutional court has laid down the ground rules for controlling decisions by the EU top's court, an area that had been left unclear after a controversial 2009 ruling by Germany's highest judges on the Lisbon Treaty, the EU's new rule book. In a ruling with far-reaching implications, the German court on Thursday (26 August), gave the green light to a 2005 judgement by the EU court that had called a German law "inapplicable."
  • Thursday's pronouncement backed by seven of the eight judges not only avoids a direct conflict with the EU's Luxembourg court but also appears to strengthen it. Germany's court stated that EU decisions may only be checked if European institutions seriously overstep their powers. A headline in the Frankfurter Allgemeine Zeitung says: "Karlsruhe (the court) restricts its own powers."
Prof. Dr  Wolfgang Schumann

11.02.08: Copenhagen asked to check wokers' rights before EU treaty ratified - 0 views

  • The Danish government has been advised to seek guarantees on its collective bargaining rights system before the EU's new treaty is ratified.

    The call came from the opposition Social Democrats, who have been on alert since the EU's highest court in December ruled that a Swedish trade union picket against cheap Latvian labour was illegal.

    "We believe the Lisbon Treaty does secure collective bargaining rights, but the court has delivered a very unclear verdict, which we advise the government to interpret in a satisfactory way before signing the Lisbon Treaty," the chairperson of the Danish parliament's Europe committee, Svend Auken, told EUobserver
Prof. Dr  Wolfgang Schumann

30.01.07: Czech Republic opposes the German Presidency's plan to revive the European constitution - 0 views

    The Czech Republic has emerged as a key opponent of the German EU presidency's plan to revive the European constitution, with its newly appointed negotiator Jan Zahradil telling EUobserver that Prague seeks to curb EU powers and re-open core parts of the charter. [...]

    Mr Zahradil sees particular problems in the EU's charter of fundamental rights, which would get legal status as part of the EU constitution (currently it is a non-binding document.)
    He said a legally binding charter would open the door to a further expansion of EU powers through jurisdiction of the European Court of Justice in areas touching on citizens' rights - such as social security, health care and pension rights. [...]

    The Czech resistance against a full-blown EU constitution is expected to be echoed by Poland, which has seen its conservative government voicing similar ideas with both countries' presidents discussing positions over the issue last weeek.

Prof. Dr  Wolfgang Schumann

Wasserfallen (2010): The judiciary as legislator? How the European Court of Justice shapes policy-making in the European Union - Journal of European Public Policy Vol. 17 Issue 8 - 0 views

  • The question of whether, and if so, how the European Court of Justice influences European integration has been a matter of long-standing academic dispute. Several more recent empirical studies have shown that the Court influences the integration path, but scholars have also documented that member states can successfully limit the practical relevance of activist Court decisions. Drawing on this literature, this paper argues that the Court eventually impacts integration in salient policy fields effectively when the legislator incorporates judicial considerations in the policy-making process. The theoretical section conceptualizes the leverage of the Court in the legislation process and the empirical section elucidates how the judiciary shaped legislation in the development of exchange students' social rights. Findings show that the Court can successfully promote distinct legislative outcomes.
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