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An Ever More Powerful Court?The Political Constraints of Legal Integration in the European Union$
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Dorte Sindbjerg Martinsen

Print publication date: 2015

Print ISBN-13: 9780198753391

Published to Oxford Scholarship Online: November 2015

DOI: 10.1093/acprof:oso/9780198753391.001.0001

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(p.1) 1 Introduction
An Ever More Powerful Court?

Dorte Sindbjerg Martinsen

Oxford University Press

The chapter presents the puzzle and motivation of the book. Are courts powerful generators of political change? What factors may condition the power of courts to produce broader change? These general questions are examined by turning to the CJEU (Court of Justice of the European Union) influence on EU legislative outputs in social policy, including healthcare. So far political responses have mainly been examined as the ability of politics to overturn unwanted jurisprudence, and we have come to conclude that politics is unable to provide meaningful responses to what comes out of the courtroom. The inability to overturn the CJEU, however, does not confirm a judicialization of politics. Other types of political response may condition judicial influence. The introductory chapter centres on these questions, and the book begins with them. Its theoretical point of departure is set out in this introduction. Judicial influence is defined and operationalized and methods, case selection and data are presented.

Keywords:   judicial power, judicial influence, judicialization, policy output, EU social policy, EU healthcare policy, methods, case selection, data

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