The European Court of Justice and the Policy Process: The Shadow of Case Law

ISBN : 9780198717775

Susanne K. Schmidt
320 ページ
156 x 234 mm

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.


1 Introduction; 2 The European Court of Justice as a Political Actor; 3 Case-Law Development between Path Dependence and Legal Uncertainty; 4 The Interaction of Judicial and Legislative Policymaking; 5 Reaching Beyond the Market into State Responsibilities; 6 Europeanization With and Against the Odds: The Cases of Meilicke and Zambrano; 7 The Europeanization Effects of Case Law; 8 Conclusion


Susanne K. Schmidt is Professor of Political Science at the University of Bremen. She has published widely on questions of European integration, including the role of the Commission, competition and liberalization policies in the EU, and mutual recognition as a new mode of governance. The policy implications of the European Court of Justice's case law at the European and national levels are the current focus of her research. Her work has appeared in journals such as the Journal of Public Policy, the Journal of European Public Policy, West European Politics, European Union Politics, the Journal of Comparative Policy Analysis, Public Administration, and German Politics. Her publications include The Power of the European Court of Justice (co-authored with R. Daniel Kelemen, Routledge, 2013) and Mutual Recognition as a New Mode of Governance (Routledge, 2008).