Revisiting the European Court of Justice
Bibliographic Data
| ID | 7820105 |
|---|---|
| Authors | Walter Mattli, Anne-Marie Slaughter |
| Year | 1998 |
| Volume | 52 |
| Issue | 1 |
| Pages | 177-209 |
| Publication date | 1998-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Organization (JOURNAL) |
| Journal identifiers | ISSN: 0020-8183 • E-ISSN: 1531-5088 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1162/002081898550590 |
| OpenAlex | W2147040805 |
| Language | EN |
| Citations received | 90 |
| References cited | 23 |
The European Court of Justice (ECJ) is widely recognized not only as an important actor in the process of European integration but also as a strategic actor in its own right. In the last four years the literature on the Court has dramatically expanded, nourishing a lively debate between neofunctionalists and intergovernmentalists. But this debate has now reached the limits of its usefulness. Both neofunctionalism and intergovernmentalism neglect the range of specific motives and constraints shaping the behavior of individual litigants and national courts; further, both insist on modeling the state as a unitary actor. New scholarship on public interest and corporate litigants in the EU and on the relationship between the ECJ and national courts highlights these failings. Reviewing the literature, this essay develops a model of the legal integration process that encompasses disaggregated state actors—courts, regulatory agencies, executives, and legislatures—interacting with both supranational institutions and private actors in domestic and transnational society. It distills new data and theoretical insights to specify the preferences of some of these actors and the constraints they face in implementing those preferences
Economic Justice · Economics · European integration · European union · Face (sociological concept · Intergovernmentalism · International trade · Law and economics · Legislature · Member state · Member states · Political science · Scholarship · Sociology · State (computer science · Unitary state · European and International Law Studies · European Union Policy and Governance · International Arbitration and Investment Law · Law
Third country nationals and European law
Resisting the European Court of Justice
The European Court and Civil Society
Power and Governance in a Partially Globalized World
Beyond Constitutionalism
The Engines of European Integration
The Politics of Constitutional Review in Germany
International Law, International Relations and Compliance
The African Human Rights System, Activist Forces and International Institutions
The Open Architecture of European Human Rights Law
A Sociology of Constituent Power
The Uneven Legal Push for Europe
Annulment Actions and the V4
EU External Trade and the Treaty of Lisbon
The ethics of an ambiguous cosmopolitics
Idéologies et changement institutionnel dans l'Union européenne. Pourquoi les gouvernements ont-ils constamment renforcé le Parlement européen
La science politique et l'enseignement de l'intégration européenne
The role of competition in the Europeanization of the professional complex
Member States and International Institutions
The European Court of Human Rights under scrutiny
The European Court of Justice and legal European integration
The politics of the Court of Justice of the European Union
Kompetenzgerangel oder Interpretationsdiskurs? Intrajustizielle Kontrolle im Mehrebenensystem
Interpretieren als Sprachpraxis
Governance in a Global Economy
What is driving rates of social policy preliminary references to the CJEU? Evidence from the United Kingdom and France
The Critical Promise of the New History of European Law
Pushing Back
Towards a New History of European Law
How Bureaucracies Listen to Courts
Constitutionalism Without Constitution
Towards a legally plausible theory of judicialization in the European Union
National courts as regulatory agencies and the application of EU law
The Nordics, the EU and the Reluctance Towards Supranational Judicial Review
Conditions of democracy-enhancing multilateralism
Judicial diplomacy
International organisations and human rights
European Courts and Foreigners’ Rights
The Europeanization of Health Care Governance
Mobilising Judicial Voices
The European Court of Justice and democratic control in the European Union
Member states and the European Commission
International Relations Theory and European Integration
Who Are the “Masters of the Treaty
Legal Integration and Use of the Preliminary Ruling Process in the European Union
Women's Rights, the European Court, and Supranational Constitutionalism
The decentralized enforcement of European law
Uninvited Europeanization
The judiciary as legislator? How the European Court of Justice shapes policy-making in the European Union
Why Do the Eu Member States Accept the Supremacy of European Law? Explaining Supremacy as an Alternative to Bilateral Reciprocity
Rights adjudication and constitutional pluralism in Germany and Europe
Regional Integration and the Evolution of the European Polity
In the CJEU Judges Trust
European Identities and the EU – The Ties that Bind the Peoples of Europe
The Institutional Foundations of Intergovernmentalism and Supranationalism in the European Union
Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
Do Preliminary References Increase Public Support for European Law? Experimental Evidence from Germany
The European Court of Justice, Democracy, and Enlargement
Obstructing integration
Domesticating discourses
Much ado about money and how to spend it! Analysing 40 years of annulment cases against the European Union Commission
Same Menu, Seperate Tables
Explaining Variation in the Use of European Litigation Strategies
Endogenous Preferences And Delegation In The European Union
Theorizing the European Union
Institutionalism and the European Union
Judicial Behavior under Political Constraints
National courts and preliminary references
The positioning of EU judicial politics within the United Kingdom
Courts and Compliance in International Regulatory Regimes
EU judicial behaviour research
Polanyi in B russels or L uxembourg? Social rights and market regulation in E uropean insurance
Ernst Haas's evolving thinking on comparative regional integration
The Court of Justice in times of politicisation
Rethinking law in neofunctionalist theory
Why governments comply
Importing gender
Creating EU law judges
Regulating migration
The Politics of Dispute Settlement Design
A New Statecraft? Supranational Entrepreneurs and International Cooperation
Only an Agenda Setter
The Court of Justice and treaty revision
Supranationalism, constrained? Locating the Court of Justice on the EU integration dimension
Why National States Comply with Supranational Law
Unifying the field of comparative judicial politics
Legalization and Compliance
Public Awareness and the Behavior of Unpopular Courts
Warum betreibt der EuGH Rechtsfortbildung? Die Politisierungshypothese
Compliance and Post-Agreement Bargaining
The Logic of Regional Integration
The Transformation of Europe
Double-Edged Diplomacy
The Constitution of the Federal Republic of Germany
International Law in a World of Liberal States
Law and politics in the European Union
The Eurolaw Game
Lawyers, Judges, and the Making of a Transnational Constitution
Beyond the Sovereign State
The role of law or the rule of the Court of Justice? An ‘institutional’ account of judicial politics in the European Community
The politics of legal integration in the European Union
Delegation, agency, and agenda setting in the European Community
International cooperation and institutional choice
Judicial Politics in the European Community
The Path to European Integration
European democracy and its critique
Europe Before the Court
A Quiet Revolution
Judicialization and the Construction of Governance
Why the "Haves" Come Out Ahead
The Real New World Order
| Unique citing works | 90 |
|---|---|
| Citations per year | 3,21 |
| Citation span | 1998 - 2026 (29) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 89 |