Author (Person) |
Blauberger, Michael, Weiss, Moritz
|
Series Title |
Journal of Common Market Studies
|
Series Details |
Vol.54, No.2, March 2016, p444-462
|
Publication Date |
March 2016 |
ISSN |
0021-9886 |
Content Type |
Journal | Series | Blog |
|
Abstract:
This article seeks to explain how the European Union (EU) – by challenging national defence offsets – managed to move into a highly sensitive policy area under formerly exclusive Member State competence. Whereas major accounts of integration depict defence policy as a least likely case, our process-tracing analysis shows that the EU's recent challenge of defence offsets was a case of supranational self-empowerment.
We theorize two consecutive strategies of judicial politics, which the Commission employed at different policy stages to overcome opposition from Member States and defence firms against domestic policy change: judicialized law-making and opportunistic enforcement. Both strategies depend on three scope conditions: expansive case law of the European Court of Justice (ECJ), its fit with policy priorities of the Commission and a credible threat of follow-up litigation.
|
Source Link |
http://dx.doi.org/10.1111/jcms.12290
|
Subject Categories |
Law, Politics and International Relations
|
Countries / Regions |
Europe |
Record URL |
https://www.europeansources.info/record/?p=493049 |