The politics of judicial review : supranational administrative acts and judicialized compliance conflict in the EU / Christian Adam.
2016
KJE5053 .A93 2016 (Map It)
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Details
Author
Title
The politics of judicial review : supranational administrative acts and judicialized compliance conflict in the EU / Christian Adam.
Published
[London] : Palgrave Macmillan, [2016]
Call Number
KJE5053 .A93 2016
ISBN
9781137578310
1137578319
9781137578327 (eBook)
1137578319
9781137578327 (eBook)
Description
xiii, 179 pages ; 22 cm.
System Control No.
(OCoLC)942380862
Summary
"The Politics of Judicial Review unites scholarship on law and politics with compliance research in the EU to shed light on the political role of a neglected dimension of litigation in the EU: the political role of governmental actions for annulment. The book does not portray national governments as passive actors within the EU's judicial arena. Instead it focuses on cases in which national governments actively turn to the Court of Justice to litigate against the European Commission. It provides several answers to the question of why EU member state governments take this decision. Governments hope, on the one hand, to evade costly domestic adjustments where the Commission uses administrative acts to interfere with domestic policy application. On the other hand, governments hope to provoke judicial law-making to influence the long-term development of EU administrative law and sectoral regulation"--Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
1.
Introduction
1
pt. I
Tracing Causal Mechanisms: Why Governments Activate the Court of Justice
21
2.
Policy Misfit and Governmental Litigation
23
3.
Governmental Litigation as a Form of Legal Activism
43
pt. II
Moving Beyond Anecdotal Evidence: The Role of Policy Misfit and Legal Activism in the EU's State Aid Policy Regime
79
4.
State Aid Control in the European Union
81
5.
Governmental Litigation, Policy Misfit, and Legal Activism in the EU's State Aid Regime
117
6.
Conclusion
155
Technical Appendix
165
Index
177