Overview
- Develops a systematic enquiry into long-term, discursive patterns in the CJEU’s case law
- Combines political science and legal understandings on the role of the Court of Justice
- Develops a new method for evaluating the Court’s case law in light of Member States’ preferences
Part of the book series: European Administrative Governance (EAGOV)
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About this book
This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.
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Keywords
- European integration
- mixed methods
- Court's role
- Contextualist Legal Scholarship
- Neofunctionalism
- Intergovernmentalism
- Qualitative Research
- Quantitative Research
- Observational Equivalence
- Incrementalism
- judicial interlocutors
- Member States
- Court legitimacy
- judicial autonomy
- free movement law
- EU citizenship
- EU immigration law
- self-citation
- Family Reunification Directive
- Citizenship Directive
- european union politics
Table of contents (9 chapters)
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Front Matter
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Back Matter
Reviews
“Marie De Somer’s book is a fine example of interdisciplinary scholarship. This combined methodological approach allows for convincing conclusions as to the degree to which the Court of Justice acts independently from the policy preferences of the EU Member States in the sensitive field of immigration.” (Bruno de Witte, European University Institute and Maastricht University, The Netherlands)
“In this important book, Marie De Somer analyses the role of the European Court of Justice in EU family reunification policies. With its precedent-based argumentation the Court succeeds in moving the case law beyond what member states agreed to. Based on a mixed methods approach and carefully avoiding problems of observational equivalence, De Somer breaks new ground in showing the autonomy of the Court. I cannot recommend this volume highly enough.” (Susanne K. Schmidt, University of Bremen, Germany)
Authors and Affiliations
About the author
Marie De Somer is Head of the Migration and Diversity Programme at the European Policy Centre in Brussels and a Guest Professor at the KU Leuven Law Faculty. She has previously worked at Maastricht University, The Netherlands, the European Commission and the Centre for European Policy Studies.
Bibliographic Information
Book Title: Precedents and Judicial Politics in EU Immigration Law
Authors: Marie De Somer
Series Title: European Administrative Governance
DOI: https://doi.org/10.1007/978-3-319-93982-7
Publisher: Palgrave Macmillan Cham
eBook Packages: Political Science and International Studies, Political Science and International Studies (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2019
Hardcover ISBN: 978-3-319-93981-0Published: 13 August 2018
Softcover ISBN: 978-3-030-06763-2Published: 22 December 2018
eBook ISBN: 978-3-319-93982-7Published: 27 July 2018
Series ISSN: 2524-7263
Series E-ISSN: 2524-7271
Edition Number: 1
Number of Pages: IX, 361
Number of Illustrations: 1 b/w illustrations
Topics: European Union Politics, Legislative and Executive Politics, Public Policy, Governance and Government, Citizenship