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The EU's Decision TrapsComparing Policies$
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Gerda Falkner

Print publication date: 2011

Print ISBN-13: 9780199596225

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199596225.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 31 July 2021

Social Policy

Social Policy

Problem-Solving Gaps, Partial Exits, and Court-Decision Traps

(p.128) 8 Social Policy
The EU's Decision Traps

Dorte Sindbjerg Martinsen

Gerda Falkner

Oxford University Press

Notwithstanding some persistent, and likely irresolvable, problem-solving gaps, Social Europe has escaped the joint-decision trap on a regular basis. Most importantly, Treaty base games and arena shifting helped to bring about more secondary law and ECJ-driven political decisions than might have been expected considering the decision rules. Furthermore, progressive steps in European social integration were induced by a ‘court-decision trap’. Two examples are studied in depth: health care, and the integration and eventual exportability of social minimum benefits. Indeed, relevant integration was deepened significantly although neither the founding persons of the Treaties nor the governments were willing to create a cross-border market for health care or open social assistance related benefits for exportability.

Keywords:   social policy, European integration, European Court of Justice, Treaty base game, arena shifting

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