Begrenzte Regeleinhaltung oder vorauseilender Gehorsam? Nationale Reaktionen auf die Rechtsprechung des EuGH
DOI:
https://doi.org/10.15203/ozp.78.vol42iss2Keywords:
EuGH, Europäisierung, Compliance, freier Kapitalverkehr, freier DienstleistungsverkehrAbstract
The power of the European Court of Justice to promote European integration through law has been broadly acknowledged, but the Court’s domestic impact receives less attention and remains contested. In particular, the ambiguity of many judgments is said to have two opposed effects: According to one logic, legal ambiguity enables national policy-makers to contain the impact of Court rulings, i.e. to ignore poten- tially broader policy implications. According to another logic, ambiguous case law provides opportunities for interested litigants to pressure national policy-makers into (anticipatory) adjustments. Which of these two logics prevails, it is argued, depends on the distribution of legal uncertainty costs between supporters and challengers of the regulatory Status quo. The argument is contrasted with competing explanations and supported by two case studies on the domestic impact of the Court’s jurisprudence on the free move- ment of capital (golden shares) and services (posted workers).
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