Special issue: From high judges to policy actors: how stakeholders condition the CJEU’s influence

Summary:

The debate about the power of the Court of Justice of the European Union (CJEU) has mainly focussed on the preferences, perceptions and strategic considerations of the High Judges in Luxembourg.

This Special Issue turns the analytical spotlight to another important determinant: the behaviour of actors with a stake in the policy conflicts resolved by the Court. Indeed, the CJEU’s influence depends, first, on being invited by stakeholders to intervene in the policy process through litigation and, second, on the correct implementation of its ruling by policy stakeholders.

This Special Issue shows that actors’ propensity to litigate before the CJEU and their reactions to Court’s rulings are highly dependent on policy-specific actors’ constellations and governance structures.

Articles:

From high judges to policy stakeholders: a public policy approach to the CJEU’s power
Emmanuelle Mathieu, Christian Adam, Miriam Hartlapp

Domestic resistance against EU policy implementation: member states motives to take the Commission to Court
Emmanuelle Mathieu, Michael W. Bauer

Multilevel conflict over policy application: detecting changing cleavage patterns
Christian Adam

Why some EU institutions litigate more often than others: exploring opportunity structures and actor motivation in horizontal annulment actions
Miriam Hartlapp

On judicial mobilization: entrepreneuring for policy change at times of crisis
Juan A. Mayoral, Aida Torres Pérez

Is the Commission levelling the playing field? Rights enforcement in the European Union
Andreas Hofmann

The role of NGOs in environmental implementation conflicts: ‘stuck in the middle’ between infringement proceedings and preliminary rulings?
Mariolina Eliantonio

A causal loop? The Commission’s new enforcement approach in the context of non-compliance with EU law even after CJEU judgments
Gerda Falkner

How long to compliance? Escalating infringement proceedings and the diminishing power of special interests
Tobias Hofmann

The relationship between ‘Luxembourg’ and European and national administrative bodies
Rike U. Krämer-Hoppe

Lost in translation: how street-level bureaucrats condition Union solidarity
Jessica Sampson Thierry, Dorte Sindbjerg Martinsen