国家对欧洲法院金股判例法的回应:保护性替代方案的作用

National responses to the European Court of Justice case law on Golden Shares: the role of protective equivalents

Journal of European Public Policy · 2016
被引 21
ABS 3

中文导读

研究了欧盟法院关于金股的判例如何影响成员国,发现国内反应主要由是否存在保护性替代方案决定,而非动员压力或法律不确定性成本。

Abstract

It is broadly acknowledged that the Court of Justice of the European Union (CJEU) is an important engine of European integration. Although this role of the Court is well documented and analysed, there still is little research about the domestic effects of CJEU activism. This article contributes to the emerging literature on Europeanization through case law by analysing national responses to the CJEU adjudication on so called Golden Shares, a jurisdiction that limited member states' influence on privatized companies. It is argued that the domestic reactions to these CJEU decisions were decisively conditioned by the presence of protective fallback options for the member states – and not by mobilization pressure or legal uncertainty costs, the two most important determinants of national responses to CJEU case law that have been identified so far in the literature.

欧洲一体化欧盟法政治经济学司法能动主义成员国反应