欧洲法院法官阅读晨报:解释欧洲公民身份判例法的转变

ECJ Judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence

Journal of European Public Policy · 2018
被引 152 · 同刊同年前 10%
ABS 3

中文导读

本文解释欧洲法院为何从扩张转向限制欧盟公民权利,认为法院的转变反映了欧盟内部自由流动议题的政治化,而非仅受成员国政府约束。

Abstract

Recent jurisprudence of the European Court of Justice (ECJ) marks a striking shift towards a more restrictive interpretation of EU citizens’ rights. The Court's turnaround is not only highly relevant for practical debates about ‘Social Europe’ or ‘welfare migration’, but also enlightening from a more general, theoretical viewpoint. Several recent studies on the ECJ have argued that the Court is largely constrained by member state governments’ threats of legislative override and non-compliance. We show that an additional mechanism is necessary to explain the Court's turnaround on citizenship. While the ECJ extended EU citizens’ rights even against strong opposition by member state governments, its recent shift reflects changes in the broader political context, i.e., the politicization of free movement in the European Union (EU). The article theorises Court responsiveness to politicization and demonstrates empirically, how the Court's jurisprudence corresponds with changing public debates about EU citizenship.

欧洲法院欧盟公民身份判例法政治化司法行为