A Spoonful of Sugar: Deference at the Court of Justice
Publikation: Working paper › Preprint › Forskning
Standard
A Spoonful of Sugar : Deference at the Court of Justice. / López Zurita, Lucía; Brekke, Stein Arne.
University of Copenhagen, 2023. s. 1-29.Publikation: Working paper › Preprint › Forskning
Harvard
APA
Vancouver
Author
Bibtex
}
RIS
TY - UNPB
T1 - A Spoonful of Sugar
T2 - Deference at the Court of Justice
AU - López Zurita, Lucía
AU - Brekke, Stein Arne
PY - 2023
Y1 - 2023
N2 - This article analyses the European Court of Justice’s strategic use of deference as a resilience technique in the preliminary reference procedure. It focuses on the strategic potential of using deference in two scenarios: First, when the Court uses teleological interpretation or expands the scope of the EU legal order; second, when it declares national measures incompatible with EU law. The findings indicate that the Court is more likely to use deference when expanding EU law, and less likely to defer when it declares national measures incompatible with EU law. The article challenges commonly held assumptions regarding the use of deference. First, the findings substantially qualify accounts linking the increase of deference to the maturity of the EU legal order and a certain halt of judicial activism. Deference allows the Court to explore new frontiers of EU law, suggesting that although the legal order might have matured, the Court does not perceive the project of legal integration as completed. Second, the article defies claims that deference is used by the Court as a "weapon of restraint".
AB - This article analyses the European Court of Justice’s strategic use of deference as a resilience technique in the preliminary reference procedure. It focuses on the strategic potential of using deference in two scenarios: First, when the Court uses teleological interpretation or expands the scope of the EU legal order; second, when it declares national measures incompatible with EU law. The findings indicate that the Court is more likely to use deference when expanding EU law, and less likely to defer when it declares national measures incompatible with EU law. The article challenges commonly held assumptions regarding the use of deference. First, the findings substantially qualify accounts linking the increase of deference to the maturity of the EU legal order and a certain halt of judicial activism. Deference allows the Court to explore new frontiers of EU law, suggesting that although the legal order might have matured, the Court does not perceive the project of legal integration as completed. Second, the article defies claims that deference is used by the Court as a "weapon of restraint".
U2 - 10.31235/osf.io/mpydw
DO - 10.31235/osf.io/mpydw
M3 - Preprint
VL - 2023
T3 - MOBILE Working Paper Series
SP - 1
EP - 29
BT - A Spoonful of Sugar
PB - University of Copenhagen
ER -
ID: 375543052