为什么欧盟法院没有受到更多质疑?三种反对消解机制

Why is the Court of Justice of the European Union not more Contested? Three Mechanisms of Opposition Abatement

Journal of Common Market Studies · 2016
被引 13
ABS 3

中文导读

研究了欧盟法院在敏感政治议题上的判例为何未引发成员国更多反对,发现法律整合的短期成本低且可控是主要原因。

Abstract

Abstract The Court of Justice of the European Union (CJEU) is famous for playing a central role in promoting the process of European integration. Although the Court has always been criticized for this pro‐integrationist role, Member States have never cut back the CJEU's power. Recently, however, the environment for legal integration has changed: the CJEU is dealing more and more with politically sensitive issues; and that in a period when the integration project as such is becoming increasingly contested. Contrary to the expectations of many scholars, this had not led to more resistance against the CJEU's case law or its power. This article approaches this surprising fact by investigating the CJEU's jurisprudence on Golden Shares, which has substantially reduced national competencies in the contentious issue of corporate control. It shows that the persistent acceptance of the CJEU can be explained with the low and manageable short‐term costs of legal integration.

欧盟法院欧洲一体化法律整合政治学法学