The Court of Justice in times of politicisation: ‘law as a mask and shield’ revisited

Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt

Standard

The Court of Justice in times of politicisation : ‘law as a mask and shield’ revisited. / Blauberger, Michael; Martinsen, Dorte Sindbjerg.

I: Journal of European Public Policy, Bind 27, Nr. 3, 2020, s. 382-399.

Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt

Harvard

Blauberger, M & Martinsen, DS 2020, 'The Court of Justice in times of politicisation: ‘law as a mask and shield’ revisited', Journal of European Public Policy, bind 27, nr. 3, s. 382-399. https://doi.org/10.1080/13501763.2020.1712460

APA

Blauberger, M., & Martinsen, D. S. (2020). The Court of Justice in times of politicisation: ‘law as a mask and shield’ revisited. Journal of European Public Policy, 27(3), 382-399. https://doi.org/10.1080/13501763.2020.1712460

Vancouver

Blauberger M, Martinsen DS. The Court of Justice in times of politicisation: ‘law as a mask and shield’ revisited. Journal of European Public Policy. 2020;27(3):382-399. https://doi.org/10.1080/13501763.2020.1712460

Author

Blauberger, Michael ; Martinsen, Dorte Sindbjerg. / The Court of Justice in times of politicisation : ‘law as a mask and shield’ revisited. I: Journal of European Public Policy. 2020 ; Bind 27, Nr. 3. s. 382-399.

Bibtex

@article{2c6dd16b9de64ee7a718f576791af5c4,
title = "The Court of Justice in times of politicisation: {\textquoteleft}law as a mask and shield{\textquoteright} revisited",
abstract = "This contribution analyses if and under what conditions bottom-up pressures constrain the Court of Justice of the European Union (CJEU). Neofunctionalists famously explained the power of the Court by its use of {\textquoteleft}law as a mask and shield{\textquoteright}. Due to its technical nature, the Court is able to mask the political substance of {\textquoteleft}integration through law{\textquoteright} and to shield it from political challenges. We revisit this argument in times of politicization of the EU and develop a typology of four constellations depending on different kinds of bottom-up pressures. We argue that depoliticized integration through law still functions, to varying degrees, in face of either governmental contestation or public politicization. By contrast, if member state governments and the public jointly oppose further integration through law, the Court is constrained as further expansive jurisprudence could even reinforce politicization and risk political backlash. We illustrate our argument with case law on EU citizenship. ",
author = "Michael Blauberger and Martinsen, {Dorte Sindbjerg}",
year = "2020",
doi = "10.1080/13501763.2020.1712460",
language = "English",
volume = "27",
pages = "382--399",
journal = "Journal of European Public Policy",
issn = "1350-1763",
publisher = "Routledge",
number = "3",

}

RIS

TY - JOUR

T1 - The Court of Justice in times of politicisation

T2 - ‘law as a mask and shield’ revisited

AU - Blauberger, Michael

AU - Martinsen, Dorte Sindbjerg

PY - 2020

Y1 - 2020

N2 - This contribution analyses if and under what conditions bottom-up pressures constrain the Court of Justice of the European Union (CJEU). Neofunctionalists famously explained the power of the Court by its use of ‘law as a mask and shield’. Due to its technical nature, the Court is able to mask the political substance of ‘integration through law’ and to shield it from political challenges. We revisit this argument in times of politicization of the EU and develop a typology of four constellations depending on different kinds of bottom-up pressures. We argue that depoliticized integration through law still functions, to varying degrees, in face of either governmental contestation or public politicization. By contrast, if member state governments and the public jointly oppose further integration through law, the Court is constrained as further expansive jurisprudence could even reinforce politicization and risk political backlash. We illustrate our argument with case law on EU citizenship.

AB - This contribution analyses if and under what conditions bottom-up pressures constrain the Court of Justice of the European Union (CJEU). Neofunctionalists famously explained the power of the Court by its use of ‘law as a mask and shield’. Due to its technical nature, the Court is able to mask the political substance of ‘integration through law’ and to shield it from political challenges. We revisit this argument in times of politicization of the EU and develop a typology of four constellations depending on different kinds of bottom-up pressures. We argue that depoliticized integration through law still functions, to varying degrees, in face of either governmental contestation or public politicization. By contrast, if member state governments and the public jointly oppose further integration through law, the Court is constrained as further expansive jurisprudence could even reinforce politicization and risk political backlash. We illustrate our argument with case law on EU citizenship.

U2 - 10.1080/13501763.2020.1712460

DO - 10.1080/13501763.2020.1712460

M3 - Journal article

VL - 27

SP - 382

EP - 399

JO - Journal of European Public Policy

JF - Journal of European Public Policy

SN - 1350-1763

IS - 3

ER -

ID: 238369291