Jump to ContentJump to Main Navigation
The European Court of Justice and the Policy ProcessThe Shadow of Case Law$
Users without a subscription are not able to see the full content.

Susanne K. Schmidt

Print publication date: 2018

Print ISBN-13: 9780198717775

Published to Oxford Scholarship Online: February 2018

DOI: 10.1093/oso/9780198717775.001.0001

Show Summary Details
Page of

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: 05 March 2021

The Europeanization Effects of Case Law

The Europeanization Effects of Case Law

(p.197) 7 The Europeanization Effects of Case Law
The European Court of Justice and the Policy Process

Susanne K. Schmidt

Oxford University Press

Chapter 7 seeks to summarize what we can learn from different case studies concerning member-state responses to EU case law. Compliance with secondary law requires the implementation of specific policies, but case law cannot make comprehensive policy prescriptions. Instead, it normally prohibits certain member-state policies by declaring them to be in conflict with EU law. There can be no expectation for the one-dimensional impact of case law, I argue. Given that the Europeanization effects of case law have hardly been researched, I give an overview of different responses, structured according to executive, legislative, and judiciary reactions, which are considered alongside the responses from societal actors. In particular, the example of EU citizens’ access to tax-financed social benefits shows how difficult it is for national administrations to translate case-law principles into general administrative procedures.

Keywords:   Europeanization, implementation of EU case law, member states, administrating case law, executive, legislative and judiciary reactions

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .