Europeanization With and Against the Odds
Europeanization With and Against the Odds
The Cases of Meilicke and Zambrano
The extent to which member states still enjoy the autonomy to regulate their society and economy ultimately depends on the way the Court interprets the constraints of the Treaty. As a consequence, the domestic impact of the EU goes beyond the implementation of European secondary law, which Europeanization research focuses on. European case law should take immediate effect in the member states, but the literature in this area expects member states to contain compliance. Chapter 6 contrasts two case studies for markedly different member-state reactions to case law: the German reaction to the Meilicke tax cases and the Irish reaction to the Zambrano case. While the Meilicke case confirms that case law does not generally have a direct impact at the member-state level, the implementation of the Zambrano case by Ireland and other member states shows that member states also implement EU case law in a rule-of-law fashion.
Keywords: Judicial Europeanization, Zambrano case, Meilicke case, contained compliance, treaty constraints
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