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With Luxembourg in Mind...The Remaking of National Policies in the Face of ECJ Jurisprudence

Blauberger, Michael. (2011) With Luxembourg in Mind...The Remaking of National Policies in the Face of ECJ Jurisprudence. In: UNSPECIFIED.

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    This contribution analyses EU member state political responses to ECJ challenges. Faced with high consensus requirements at the European level, member states often have to respond unilaterally and explore how to pursue autonomous regulatory goals in ‘ECJ-proof’ ways. Based on an actor-centered institutionalist framework, member states’ domestic responses to one prominent series of ECJ judgments (Laval, Rüffert, Commission vs Luxembourg) are traced empirically. By anticipating potential legal challenges through the European Commission or private parties and building on existing legal precedent, the case studies show that member state governments manage to preserve significant parts of their original legislation while making it ECJ-proof.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2011 (12th), April 23-25, 2011
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 13 Jan 2018 13:46
    Number of Pages: 25
    Last Modified: 13 Jan 2018 13:56

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