The European Court of Justice and the Policy Process

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  • The European Court of Justice and the Policy Process Book Detail

  • Author : Susanne K. Schmidt
  • Release Date : 2018
  • Publisher : Oxford University Press
  • Genre : Law
  • Pages : 311
  • ISBN 13 : 0198717776
  • File Size : 7,7 MB

The European Court of Justice and the Policy Process by Susanne K. Schmidt PDF Summary

Book Description: 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.

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