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Title
ECJ Judges read the morning papers : Explaining the turnaround of European citizenship jurisprudence
AuthorBlauberger, Michael ; Heindlmaier, Anita ; Kramer, Dion ; Sindbjerg Martinsen, Dorte ; Sampson Thierry, Jessica ; Schenk, Angelika ; Werner, Benjamin
Published in
Journal of European Public Policy, London, 2019, Vol. 25, Issue 10, page 1422-1441
PublishedLondon : Taylor & Francis, 2019
LanguageEnglish
Document typeJournal Article
Keywords (EN)EU citizenship / European Court of Justice / free movement / judicial independence / judicial responsiveness / politicization
ISSN1466-4429
URNurn:nbn:at:at-ubs:3-11531 Persistent Identifier (URN)
DOI10.1080/13501763.2018.1488880 
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ECJ Judges read the morning papers [2.48 mb]
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Abstract (English)

Recent jurisprudence of the European Court of Justice (ECJ) marks a striking shift towards a more restrictive interpretation of EU citizens rights. The Court's turnaround is not only highly relevant for practical debates about ‘Social Europe or ‘welfare migration, but also enlightening from a more general, theoretical viewpoint. Several recent studies on the ECJ have argued that the Court is largely constrained by member state governments threats of legislative override and non-compliance. We show that an additional mechanism is necessary to explain the Court's turnaround on citizenship. While the ECJ extended EU citizens rights even against strong opposition by member state governments, its recent shift reflects changes in the broader political context, i.e., the politicization of free movement in the European Union (EU). The article theorises Court responsiveness to politicization and demonstrates empirically, how the Court's jurisprudence corresponds with changing public debates about EU citizenship.

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CC-BY-License (4.0)Creative Commons Attribution 4.0 International License