1. ECJ Judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence
- Author
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Jessica Sampson Thierry, Michael Blauberger, Anita Heindlmaier, Dion Kramer, Benjamin Werner, Angelika Schenk, Dorte Sindbjerg Martinsen, EU Law, Kooijmans Institute, and Boundaries of Law
- Subjects
judicial responsiveness ,SDG 16 - Peace ,Public Administration ,Sociology and Political Science ,media_common.quotation_subject ,Opposition (politics) ,Context (language use) ,Politics ,judicial independence ,Political science ,Member state ,050602 political science & public administration ,media_common.cataloged_instance ,free movement ,European Court of Justice ,politicization ,European union ,Citizenship ,Law and economics ,0505 law ,media_common ,050502 law ,Jurisprudence ,Interpretation (philosophy) ,SDG 16 - Peace, Justice and Strong Institutions ,05 social sciences ,Judicial independence ,Free movement ,EU citizenship ,Justice and Strong Institutions ,0506 political science ,European court of justice ,Law - 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 politicisation of free movement in the European Union (EU). The article theorizes Court responsiveness to politicisation and demonstrates empirically, how the Court’s jurisprudence corresponds with changing public debates about EU citizenship. 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.
- Published
- 2018