闪光的未必都是金子?公民社会组织与欧盟法律的(非)动员

All That Glitters Is Not Gold? Civil Society Organisations and the (non‐)Mobilisation of European Union Law

Journal of Common Market Studies · 2023
被引 25
ABS 3

中文导读

研究荷兰和意大利的四个公民社会组织为何在动员欧盟法律方面存在差异,发现它们对欧盟法律机会的解读方式(即框架构建)是影响其是否采取法律行动的关键因素。

Abstract

Abstract Increasingly, collective actors in Europe, such as in the Netherlands and Italy, turn to litigation as the preferred strategy to attain their goals. Both at the national level and at the European level, civil society organisations (CSOs) are active in high‐profile cases, for example, in the field of asylum law. These CSOs operate in a different national political and legal system but do have similar European‐level opportunities. However, the extent to which European Union (EU) law is mobilised differs per CSO. This begs the following key question: Why do some CSOs mobilise EU law more frequently than others? Using empirical data, this article attempts to uncover what factors are relevant for four CSOs from Italy and the Netherlands whether to mobilise EU law or not. Most importantly, the article concludes that the framing of EU legal opportunities by the CSOs is considered to be relevant in (non‐)mobilisation of EU law.

欧盟法律公民社会法律动员比较政治移民与庇护