Resistance Against the Court of Justice of the European Union
iCourts Working Paper Series No. 121
31 Pages Posted: 14 Mar 2018
Date Written: March 12, 2018
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: Suggested Citation