Resistance Against the Court of Justice of the European Union

iCourts Working Paper Series No. 121

31 Pages Posted: 14 Mar 2018

See all articles by Andreas Hofmann

Andreas Hofmann

Free University of Berlin (FUB) - Otto Suhr Institute for Political Science

Date Written: March 12, 2018

Abstract

This article reviews different forms of resistance against the Court of Justice of the European Union (CJEU). While backlash is rare, various forms of pushback are more common than accounts of the CJEU’s apparent success suggest. It is not uncommon that national policy-makers, administrations and the judiciary fail to comply with individual rulings. Moreover, member state authorities have developed multiple strategies to limit the practical effect of controversial lines of CJEU case-law. The availability of ‘work-arounds’ that national authorities can live with shields the CJEU against significant backlash. At the same time, the multiple processes of pushback in the member states lead to an outcome of considerable heterogeneity.

Keywords: European Union law, political science, implementation, enforcement, non-compliance

Suggested Citation

Hofmann, Andreas, Resistance Against the Court of Justice of the European Union (March 12, 2018). iCourts Working Paper Series No. 121. Available at SSRN: https://ssrn.com/abstract=3138561 or http://dx.doi.org/10.2139/ssrn.3138561

Andreas Hofmann (Contact Author)

Free University of Berlin (FUB) - Otto Suhr Institute for Political Science ( email )

14195 Berlin
Germany

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