The Social Construction of Law: The European Court of Justice and Its Legal Revolution Revisited

2011 ◽  
Vol 7 (1) ◽  
pp. 417-431 ◽  
Author(s):  
Antonin Cohen ◽  
Antoine Vauchez
Keyword(s):  
Social Construction ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
European Court ◽  
The Social

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?

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 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.

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.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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