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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Abstract

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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