StoneSweet_TheECJAndTheJudicializationOfEUGovernance

StoneSweet_TheECJAndTheJudicializationOfEUGovernance - Yale...

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Yale Law School Yale Law School Legal Scholarship Repository Faculty Scholarship Series Yale Law School Faculty Scholarship 1-1-2010 The European Court of Justice and the Judicialization of EU Governance Alec Stone Sweet Yale Law School This Article is brought to you for free and open access by the Yale Law School Faculty Scholarship at Yale Law School Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship Series by an authorized administrator of Yale Law School Legal Scholarship Repository. For more information, please contact cesar.zapata@yale.edu . Recommended Citation Sweet, Alec Stone, "The European Court of Justice and the Judicialization of EU Governance" (2010). Faculty Scholarship Series. Paper 70. http://digitalcommons.law.yale.edu/fss_papers/70
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The European Court of Justice and the Judicialization of EU Governance Living Reviews in EU Governance (2010) Alec Stone Sweet Leitner Professor of Law, Politics, and International Studies, Yale Law School Professor of Political Science and International Studies, Yale University Yale Law School, 127 Wall Street, New Haven, CT, 06520 USA Email: alec.sweet@yale.edu http://www.law.yale.edu/faculty/stonesweet.htm Note : Articles in the Living Reviews in EU Governance series provide critical surveys of the development of knowledge in specific fields of research. Living Reviews are peer-reviewed, up- dated on a regular basis, and fully digitalized. They are available for free, on-line at: http://europeangovernance.livingreviews.org/. Contents Introduction 2 1. Judicialization and governance 3 1.1 Judicialization 4 1.2 Governance 5 1.3 Courts 6 2. The institutional foundations of judicial authority in the EU 7 2.1 Logics of delegation 7 2.1.1 Jurisdiction 8 2.1.2 Data Bases 11 2.2 Agency and trusteeship 11 2.3 The zone of discretion 13 3. The legal system and integration 14 3.1 Theory, data, methods 14 3.2 Testing 18 3.3 Theoretical issues and controversies 22 4. The judicialization of the policy process 30 4.1 Mechanisms and processes 30 4.2 Theoretical issues and controversies 34 4.3 Future research 36 5. Monitoring and enforcing Member State compliance with EU law 37 5.1 The ECJ and the national courts (Article 267 TFEU) 37 5.1.1 The Article 267 System: compliance and enforcement Issues 40 5.2 The ECJ and infringement proceedings (Article 258 TFEU) 42 5.2.1 The Article 258 System: compliance and enforcement Issues 43 5.3 Controversies and future research 44 6. Conclusion 46 References 48
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2 Please do not cite to this text or website. To cite, please refer to the text at http://europeangovernance.livingreviews.org/ The European Court of Justice and the Judicialization of EU governance Alec Stone Sweet This Living Reviews article concerns the relationship between judicial authority and governance within the EU, as that relationship has evolved over time. In particular, the article focuses on social science that charts the impact of the European Court of Justice (ECJ) and its case law on integration, and on EU-level policy processes and outcomes. One of the striking
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StoneSweet_TheECJAndTheJudicializationOfEUGovernance - Yale...

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