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Vom EuGH-Urteil zur Richtlinie – wie die EU-Mitgliedstaaten über die Kodifizierung europäischer Rechtsprechung entscheiden
This working paper takes a strong influence of the European Court of Justice (ECJ) on the European integration process (Weiler 1981; Scharpf 1999; Kelemen & Schmidt 2012) as a starting point and examines how controversial judgements are taken up in subsequent EU legislation. Two case studies on the services directive and the Union citizens’ directive demonstrate that the compliance of national administrations and courts with ECJ decisions influences the willingness of member states to codify these decisions into EU legislation (cf. Conant 2002; Alter 2009). However, both cases resulted in EU legislation that did not correspond with the preceding national compliance and initial policy positions of the governments. To some extent this can be explained by the different public attention for decisions taken by European governments respectively judges of the ECJ. Moreover, in regard to some codifications, initial intentions were dropped when they came into conflict with other policy goals and interdependent aspects of the discussed directives. The paper concludes by explicating the need for further research on the linkage between jurisprudence, national compliance with EU case law and the readiness to transform it into EU legislation (cf. Blauberger 2012; Schreinermacher 2014: 240-244).
No. 184/2014
Björn Schreinermacher

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