Who cares about nationality? The path-dependent case law of the ECJ from goods to citizens
Bibliographic Data
| ID | 6289485 |
|---|---|
| Authors | Susanne K Schmidt (0000-0001-7931-9935, corresponding author) |
| Year | 2012 |
| Volume | 19 |
| Issue | 1 |
| Pages | 8-24 |
| Publication date | 2012-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of European Public Policy (JOURNAL) |
| Journal identifiers | ISSN: 1350-1763 • E-ISSN: 1466-4429 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/13501763.2012.632122 |
| OpenAlex | W1974978129 |
| Language | EN |
| Citations received | 24 |
| References cited | 31 |
The role that the ECJ plays in European integration has been much discussed by political scientists. Less is known about how case law develops. In this contribution, I give a historical–institutionalist account and argue that path dependence explains the course that case law takes. Litigants provide positive feedback in this process, aiming to strengthen their rights by transferring legal arguments from one area to the next, leading to a convergent interpretation of the fundamental freedoms. The contribution traces this development, analysing how legal arguments were transferred from goods markets to the free movement of workers and citizenship as a result of positive feedback to a distinct legal interpretation. I discard alternative explanations that explain case law by drawing on the preferences of member states or judges
Business · Economics · Immigration · Law and economics · Nationality · Path (computing · Political science · Computer Science · EU Law and Policy Analysis · European Union Policy and Governance · Law · Taxation and Legal Issues
Free Movement and the Fragmentation of Family Reunification Rights
Fundamental Rights
Law, Objectives of Government, and Regimes of Truth
European Governance of Citizenship and Nationality
Path dependence in administrative adjudication
The EU’s legal identities and the Court of Justice of the EU
The Uniting of Europe by Transclusion
Integration through (case) law in the context of the Euro area and Covid-19 crises
Remapping the European agenda‐setting landscape
National responses to the European Court of Justice case law on Golden Shares
Introduction – the European Court of Justice and legal integration
ECJ Judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence
Mobilizing European law
How the European Commission deepened financial market integration. The battle over the liberalization of public banks in Germany
Rights adjudication and constitutional pluralism in Germany and Europe
The Position of Higher Education Institutions in a Changing European Context
Supranational courts in Europe
The legal mobilisation of EU market freedoms
The end of negative market integration
Has the Court changed, or have the cases? The deservingness of litigants as an element in Court of Justice citizenship adjudication
The Court of Justice in times of politicisation
Perpetual momentum
Scope of Negative Integration
Authority transfer and governmental legal contestation before the court of justice of the EU
Political Constitutionalism
Establishing the Supremacy of European Law
Social Policy
The Eurolaw Game
The political foundations of judicial independence in the European Union
The judiciary as legislator? How the European Court of Justice shapes policy-making in the European Union
The European Parliament before the bench
The European Court of Justice, National Governments, and Legal Integration in the European Union
The politics of legal integration in the European Union
Legitimacy in the multilevel European polity
How the European Union constrains the state
Explaining Variation in the Use of European Litigation Strategies
Do ECJ judges all speak with the same voice? Evidence of divergent preferences from the judgments of chambers
The Constraining Capacity of Legal Doctrine on the U.S. Supreme Court
When Efficiency Results in Redistribution
Regulatory Competition in the Single Market
The Politics of Dispute Settlement Design
Unifying the field of comparative judicial politics
Is There a (Viable) Crucial-Case Method
Increasing Returns, Path Dependence, and the Study of Politics
Path dependence in historical sociology
| Citations per year | 1.71 |
|---|---|
| Citation span | 2012 - 2025 (14) |
| Highly cited | No |