Polanyi in Brussels: Supranational Institutions and the Transnational Embedding of Markets

2009 ◽  
Vol 63 (4) ◽  
pp. 593-620 ◽  
Author(s):  
James A. Caporaso ◽  
Sidney Tarrow
Keyword(s):  
Regional Level ◽  
European Court Of Justice ◽  
Karl Polanyi ◽  
Market Structures ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
European Union Legislation ◽  
John Ruggie ◽  
Supranational Institutions

AbstractMany have argued that the success of European integration is predicated on reinforcing market structures and some have gone further to state that the creation of a transnational market results in a decoupling of markets from their national political and social frameworks, thus threatening to unravel historical social bargains. Drawing on the work of Karl Polanyi and John Ruggie and using their insights regarding the social embedding of markets, we dissent from this view by examining how the European Court of Justice (ECJ) has handled a key sector of the emerging European market—labor mobility. We argue that rather than disembedding markets, decisions of the ECJ—just as Polanyi and Ruggie would have predicted—activate new social and political arrangements. We find evidence for the development of a new legal and political structure, largely inspired by the Court but also imbricated in European Union legislation, at the regional level.

scholarly journals The turbulent life of the Working Time Directive

2018 ◽  
Vol 25 (1) ◽  
pp. 118-129 ◽  
Author(s):  
Tobias Nowak
Keyword(s):  
Decision Making ◽  
Working Time ◽  
European Court Of Justice ◽  
Decision Making Process ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
Social Partners ◽  
Working Time Directive

The case of the Working Time Directive (WTD) is a prime example of a failed attempt by the Member States and the Commission to counter rulings of the European Court of Justice (CJEU) by legislative overrule. Outsourcing the decision making process to the social partners also did not deliver the desired results. After years of trying to reform the WTD, the Commission changed its strategy and issued an interpretive communication instead. However, it is doubtful that this communication will solve all that is wrong with the WTD. What were the obstacles to legislative overrule in this case? What other strategies in avoiding the consequences of CJEU rulings do the Member States apply? What will the future of WTD look like?

scholarly journals Keeping the dream alive: the European Court of Justice and the transnational fabric of integrationist jurisprudence

2011 ◽  
Vol 4 (1) ◽  
pp. 51-71 ◽  
Author(s):  
Antoine Vauchez
Keyword(s):  
Social Processes ◽  
European Court Of Justice ◽  
Founding Father ◽  
International Courts ◽  
Social Fabric ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
National Governments ◽  
Political Realm

How does the European Court of Justice (ECJ) firmly maintain a now 45-year-old consistent integrationist jurisprudence when exerting virtually no control over the recruitment of its members (a selection left to national governments)? Rather than considering such judicial consistency over time as a ‘given’, the paper questions the social fabric of judicial preferences. On the basis of a variety of commemorative materials produced within the Court (Festschriften, tributes, eulogies, and jubilees) and never studied so far, the paper stresses the manner in which these rituals are home to social processes of aggregation (into one unique judicial family), demarcation (from the political realm), and self-identification (to roles of so-called ‘founding father’, ‘current spokesmen’, or ‘would-be judges’), thereby enabling transnational role transmission within international courts such as the ECJ.

Contours of a European Social Union in the Case-Law of the European Court of Justice

2006 ◽  
Vol 2 (1) ◽  
pp. 101-115 ◽  
Author(s):  
Koen Lenaerts ◽  
Tinne Heremans
Keyword(s):  
Case Law ◽  
Fundamental Principle ◽  
European Court Of Justice ◽  
Social Rights ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
Welfare Systems ◽  
National Welfare

Tensions between national welfare systems and the social rights of the citizens of the Union — Fundamental principle of free movement and the degree of financial solidarity with nationals from other Member States — Introduction of internal market principles in health care — The balancing role of the Court of Justice of the European Communities.

scholarly journals Orhuso konvencijos įgyvendinimas: Europos Sąjungos teisė ir Lietuvos administracinė justicija

Teisė ◽  
2009 ◽  
Vol 72 ◽  
pp. 160-175
Author(s):  
D Eimilė Prapiestytė
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Legislative Proposals ◽  
European Union Legislation ◽  
Administrative Justice

Straipsnyje nagrinėjami klausimai, susiję su Orhuso konvencijos įgyvendinimu Europos Sąjungoje. Ap­žvelgiami Europos Sąjungos teisės aktų projektai ir naujausi teisės aktai, skirti Orhuso konvencijai įgy­vendinti. Analizuojama Europos Bendrijų Teisingumo Teismo praktika taikant ir aiškinant Europos Są­jungos teisės aktus, skirtus minėtai konvencijai įgyvendinti. Siekiama nustatyti, kokios minėtų teisės aktų įgyvendinimo perspektyvos Lietuvos administracinėje justicijoje. The article analyzes issues concerning the implementation of the Århus Convention in the European Un­ion. Legislative proposals of European Union law and the most recent legislation designed to implement the Århus Convention are reviewed. The article also examines the jurisprudence of the European Court of Justice concerning the application and interpretation of European Union legislation prescribed in order to implement the aforementioned Convention. The article seeks to establish what the perspectives on implementation of the aforementioned legal acts in the administrative justice of Lithuania are.

Revisiting the European Court of Justice

1998 ◽  
Vol 52 (1) ◽  
pp. 177-209 ◽  
Author(s):  
Walter Mattli ◽  
Anne-Marie Slaughter
Keyword(s):  
European Court Of Justice ◽  
Regulatory Agencies ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lively Debate ◽  
Private Actors ◽  
The Relationship ◽  
Supranational Institutions ◽  
The Eu

The European Court of Justice (ECJ) is widely recognized not only as an important actor in the process of European integration but also as a strategic actor in its own right. In the last four years the literature on the Court has dramatically expanded, nourishing a lively debate between neofunctionalists and intergovernmentalists. But this debate has now reached the limits of its usefulness. Both neofunctionalism and intergovernmentalism neglect the range of specific motives and constraints shaping the behavior of individual litigants and national courts; further, both insist on modeling the state as a unitary actor. New scholarship on public interest and corporate litigants in the EU and on the relationship between the ECJ and national courts highlights these failings. Reviewing the literature, this essay develops a model of the legal integration process that encompasses disaggregated state actors—courts, regulatory agencies, executives, and legislatures—interacting with both supranational institutions and private actors in domestic and transnational society. It distills new data and theoretical insights to specify the preferences of some of these actors and the constraints they face in implementing those preferences.

Delegation, agency, and agenda setting in the European Community

1997 ◽  
Vol 51 (1) ◽  
pp. 99-134 ◽  
Author(s):  
Mark A. Pollack
Keyword(s):  
European Integration ◽  
European Community ◽  
Regional Integration ◽  
European Court Of Justice ◽  
Traditional Schools ◽  
Court Of Justice ◽  
European Court ◽  
The Status ◽  
Supranational Institutions ◽  
Causal Variable

Do supranational institutions matter—do they deserve the status of an independent causal variable—in the politics of the European Community (EC)? Does the Commission of the European Communities matter? Does the European Court of Justice (ECJ) or the European Parliament? Is the EC characterized by continued member state dominance or by a runaway Commission and an activist Court progressively chipping away at this dominance? These are some of the more important questions for our understanding of the EC and of European integration. They have divided the two traditional schools of thought in regional integration, with neofunctionalists generally asserting, and intergovernmentalists generally denying, any important causal role for supranational institutions in the integration process. By and large, however, neither neofunctionalism nor intergovernmentalism has generated testable hypotheses regarding the conditions under which, and the ways in which, supranational institutions exert an independent causal influence on either EC governance or the process of European integration.

Google LLC v. Commission Nationale de l'Informatique et des Libertés (CNIL) and Eva Glawischnig-Piesczek v. Facebook Ireland Ltd. (C.J.E.U.)

2020 ◽  
Vol 59 (3) ◽  
pp. 428-458
Author(s):  
Kenneth Propp
Keyword(s):  
Personal Information ◽  
European Court Of Justice ◽  
Eu Law ◽  
Court Of Justice ◽  
European Court ◽  
The Social ◽  
Internet Platform ◽  
Data Protection Law ◽  
The Right ◽  
Austrian Law

During the fall of 2019, the European Court of Justice (hereinafter the ECJ or the Court) delivered judgments in two cases addressing the responsibility of internet platform companies for the personal information they control. In Google LLC v. Commission Nationale de l'Informatique et des Libertés (CNIL), the ECJ considered the geographic scope of its notable recent jurisprudence on the obligations of search engines to implement the “right to be forgotten” set forth in European Union (EU) data protection law. In Eva Glawischnig-Piesczek v. Facebook Ireland Limited, the Court examined whether Facebook was obliged under EU law to remove information available on the social network that previously had been found under Austrian law to defame an Austrian politician.

scholarly journals Not Running Wild With the CISG

2011 ◽  
Vol 29 (2) ◽  
Author(s):  
Joseph Lookofsky
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Best Interests ◽  
The Political ◽  
National Sovereignty ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
European Union Legislation

In determining the boundaries of supranational legislation some courts adopt an expansionist (dynamic) line. To take a well-known regional example, the European Court of Justice (ECJ) has long been engaged in an exercise in expansionist interpretation, thus broadening the scope of European Union legislation at the expense of the political discretion of EU Member States. Though surely seeking to advance what it sees as the Union’s best interests, the ECJ sometimes “runs amok,” actively extending regional rules in ways that constrain national sovereignty beyond what the Members had originally intended. Or, as one of my Copenhagen colleagues  once put it: the ECJ is “running wild.”

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