This article analyses EU member state political responses to ECJ challenges. Faced with high consensus requirements at the European level, member states often have to respond unilaterally and explore how to pursue autonomous regulatory goals in ‘EU-compatible’ ways. Member states’ domestic responses to one prominent series of ECJ judgements (Laval, Rüffert, Commission vs Luxembourg) are traced from a Europeanisation perspective. The case studies show that, by forging a consensus which includes potential litigants and by building on existing legal precedent, member-state governments can preserve significant parts of their original legislation while making it ECJ-proof. |
Blauberger, Michael
2012
in: Journal of European Public Policy 19(1), im Erscheinen
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