Explaining Variation in the Use of European Litigation Strategies
European Community Law and British Gender Equality Policy
Dados Bibliográficos
| ID | 7728022 |
|---|---|
| Autores | Karen J Alter (0000-0001-9508-8938, Smith College), JEANNETTE VARGAS (Yale Law School), Jeannette Vargas Hernández (0000-0002-8936-696X, Yale University) |
| Ano | 2000 |
| Volume | 33 |
| Fascículo | 4 |
| Páginas | 452-482 |
| Data de publicação | 2000-05-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Comparative Political Studies (JOURNAL) |
| Identificadores do periódico | ISSN: 0010-4140 • E-ISSN: 1552-3829 |
| Editora | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/0010414000033004002 |
| OpenAlex | W2004261792 |
| Idioma | EN |
| Citações recebidas | 94 |
| Referências citadas | 31 |
Through the examination of one of the most successful cases of a European Community (EC) law litigation strategy, this article develops a general framework for understanding when and how the EC legal system will be successfully used by domestic groups to challenge national policy. The authors show how the European legal system actually shifted the domestic balance of power in favor of equality actors, allowing a previously weak domestic group to influence the United Kingdom's gender equality policy at the height of Conservative Party rule. Expanding beyond the British case, the article develops a series of hypotheses about when the EC legal tool is likely to be used by groups to influence national policy, hypotheses that could account for cross-national variation in the impact of European Court of Justice jurisprudence on domestic policy in areas outside of equality policy
Balance (ability · Economic Justice · Economics · European community · European court of justice · European union · European Union law · International economics · International trade · Jurisprudence · Law and economics · Political science · Power (physics · Variation (astronomy · European and International Law Studies · European Union Policy and Governance · Gender Politics and Representation · Law · Public Administration
Contradictions of Neoliberal Planning
Strong NGOs and Weak States
Legal Mobilization for Migrant Rights
The European Court and Civil Society
The Engines of European Integration
The New Transnational Activism
Implementing and complying with EU governance outputs
What is a “case”?
The Language of Contention
Beyond contention
Agents or Trustees? International Courts in their Political Context
Adaptation et réflexivité
Annulment Actions and the V4
Legal Mobilization under Neo-corporatist Governance
Outsiders Inside and Insiders Outside
Democratic Empowerment Through Euro-Law
Les partenaires sociaux à l’épreuve du genre et de l’intersectionnalité dans l’Union européenne
Housing and positive European integration
Domestic legislatures and international human rights law
Litigating with or against other groups? The influence of inter-organisational relations on legal mobilisation in Europe
The politics of the Court of Justice of the European Union
The ‘National Decisions’ database (Dec.Nat)
Policy Learning
Against Settlement? Owen Fiss, ADR and Australian Discrimination Law
In defence of settlement
Using strategic litigation for women’s rights
State-Sponsored Activism
The Differential Use of Litigation by NGOs
Gender Equality, Legal Mobilization, and Feminism in a Multilevel European System
Strategic Litigation for Gender Equality in the Workplace and Legal Opportunity Structures in Four European Countries
On judicial mobilization
From high judges to policy stakeholders
Is the Commission levelling the playing field? Rights enforcement in the European Union
Why some EU institutions litigate more often than others
Conditions of democracy-enhancing multilateralism
All That Glitters Is Not Gold? Civil Society Organisations and the (non‐)Mobilisation of European Union Law
New Institutions for Promoting Equality in Europe
The weakness of strong policies and the strength of weak policies
Who Files Suit? Legal Mobilization and Torture Violations in Europe
The European Court of Human Rights, Amicus Curiae, and Violence against Women
Women's Rights, the European Court, and Supranational Constitutionalism
Law as weapon of the weak? A comparative analysis of legal mobilization by Roma and women's groups at the European level
The Europeanization of national judiciaries
The decentralized enforcement of European law
After conditionality
Lobbying versus litigation
Mobilizing European law
Activism relocated. The self-restraint of the European Court of Justice in its national context
Destabilization rights and restabilization politics
Power Shifts via the Judicial Arena
Re‐engineering Legal Opportunity Structures in the European Union? The Starting Line Group and the Politics of the Racial Equality Directive
Paths to Compliance
Do Preliminary References Increase Public Support for European Law? Experimental Evidence from Germany
Rescaling Europe
The Uneven Legal Push for Europe
Domesticating discourses
Much ado about money and how to spend it! Analysing 40 years of annulment cases against the European Union Commission
Individuals, Courts, and the Development of European Social Rights
Suing for Europe
Equality in the making
The positioning of EU judicial politics within the United Kingdom
Who Files? Developing Country Participation in Gatt/WTO Adjudication
Of Courts and Commerce
The Politics of International Regime Complexity
Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU
Empirical and theoretical studies in EU lobbying
Rethinking law in neofunctionalist theory
Anti-discrimination policy actors and their use of litigation strategies
Who cares about nationality? The path-dependent case law of the ECJ from goods to citizens
Subnational disparities in EU law use
The reference points of EU judicial politics
New social movements
The judicial enforcement of EU law through national courts
Eurolegalism and Democracy
Activists in International Courts
Protecting Trade by Legalizing Political Disputes
Theorizing the Judicialization of International Relations
Polanyi in Brussels
The Structure And Dynamics Of Eu Federalism
Is Legal Mobilization for the Birds? Legal Opportunity Structures and Environmental Nongovernmental Organizations in the United Kingdom, France, Finland, and Italy
Private Litigants and the New International Courts
Friends or Foes? The Commonwealth and the Human Rights and Equal Opportunity Commission in the Courts
International Courts
Choisir des cas exemplaires
Cause Lawyering and Movement Tactics
Coproducing the Endangered Polar Bear
Discrimination in Comparative Perspective
Outsiders Inside E Insiders Outside
What makes an international institution work for labor activists? Shaping international law through strategic litigation
La mobilisation des syndicats anglais en faveur de l'égalité salariale (1968-2012)
The Good Case
NGOs, international courts, and state backlash against human rights accountability
Legal Opportunity Structures and the Paradox of Legal Mobilization by the Environmental Movement in the UK
The Politics of Precedent in International Law
On Law and Policy in the European Court of Justice
European Social Policy
Sex Equality Policy in Western Europe
The Logic of Collective Action
Rights at Work
Governing through courts
The Courts and Social Policy
The Development of Eu Equality Policies
A Community of Interests? Making the Most of European Law
The Equal Opportunities Commission—Ten Years On
The Joint‐decision Trap
The politics of judicial discretion
Women, the European Union and Britain
The European Union and women's rights
The European Court and the national courts
The European Union's Legal System and Domestic Policy
Revisiting the European Court of Justice
Who Are the “Masters of the Treaty
Women and European Politics
Judicial Politics in the European Community
Constructing a Supranational Constitution
Europe Before the Court
Judicialization and the Construction of Governance
The New Politics of British Trade Unionism
Sex, Race and the Law
Gender, Sex and the Law
| Obras citantes distintas | 94 |
|---|---|
| Citações por ano | 3,62 |
| Intervalo de citações | 2000 - 2026 (27) |
| Velocidade de citação | current |
| Altamente citado | Não |
| Tipos de citação | Neutras: 94 |