Choosing Democracy: Citizen Attitudes and the Eastern Enlargement of the European Union

Digitised version produced by the EUI Library and made available online in 2020

"Women's rights, the European Court and Supranational Constitutionalism"

This analysis examines supranational constitutionalism in the European Union. In particular, the study focuses on the role of the European Court of Justice in the creation of women’s rights. I examine the interaction between the Court and member state governments in legal integration, and also the integral role that women’s advocates – both individual activists and groups – have played in the development of EU social provisions. The findings suggest that this litigation dynamic can have the effect of fueling the integration process by creating new rights that may empower social actors and EU organizations, with the ultimate effect of diminishing member state government control over the scope and direction of EU law. This study focuses specifically on gender equality law, yet provides a general framework for examining the case law in subsequent legal domains, with the purpose of providing a more nuanced understanding of supranational governance and constitutionalism

The Institutionalization of Sex Equality for Europe: Women Activists and the European Court

In the last forty years, we have witnessed the evolution of an unprecedented form of supranational governance in western Europe. The European Court of Justice (ECJ) has played a powerful integrative force in this transformation. This chapter examines how the ECJ has operated to expand the integration project and has done so by serving as a forum for political action by national and transnational social movements. This analysis studies this integrative dynamic through the evolution of sex equality policy in the European Union (EU). The purpose of this chapter is two fold. First, I will examine the Court's expansive development of this EU policy sector through its case law. In particular, I will evaluate whether the policy preferences of national governments have significantly impacted the Court's judicial decisions. Second, I will examine the relationship between the Court and private litigants and women's groups and how this leads to the construction of EU policy through litigation. Specifically, I am interested in tracing the dynamic which has led to the institutionalization of sex equality norms at the European level. The larger purpose of the analysis is to offer systematic evidence of how activists (both national and transnational) are utilizing European space (as provided by EU institutions) and are doing so to bring about significant national policy changes. Furthermore, this project provides empirical evidence of how EU institutions engage in a mutually empowering relationship with activists. This dynamic interaction leads not only to the expansion of EU competence, but also illustrates how both EU institutions and rules have been used in unintended ways

"Litigation, compliance and European integration: The preliminary ruling procedure and EU nature conservation policy"

This paper examines how the European Court of Justice has expanded EU environmental laws and has done so by serving as a forum for national environmental activists pressuring for Member State compliance. In particular, I study this integrative dynamic through the evolution of nature protection policy in the European Union. The purpose of this analysis is to reveal how the Court's rulings function to secure Member State compliance and at the same time can lead to the construction of supranational norms, often in opposition to national government policy positions. The findings suggest that litigation dynamic can have the effect of fueling the integration process by expanding EU competence. The case law analysis in this study pertains to the preliminary ruling procedure, Article 234 (ex 177). By studying this process, I am able to reveal not only the interaction between the Court and Member State governments in securing compliance with European environmental laws, but also the integral role that both national judges and private litigants (individuals and environmental associations) can play in deepening integration. This study focuses specifically on the environment policy sector, yet provides a general framework for examining the case law in subsequent policy areas, with the purpose of providing a more nuanced understanding of European integration

The Institutionalization of Sex Equality for Europe: Women Activists and the European Court

In the last forty years, we have witnessed the evolution of an unprecedented form of supranational governance in western Europe. The European Court of Justice (ECJ) has played a powerful integrative force in this transformation. This chapter examines how the ECJ has operated to expand the integration project and has done so by serving as a forum for political action by national and transnational social movements. This analysis studies this integrative dynamic through the evolution of sex equality policy in the European Union (EU). The purpose of this chapter is two fold. First, I will examine the Court's expansive development of this EU policy sector through its case law. In particular, I will evaluate whether the policy preferences of national governments have significantly impacted the Court's judicial decisions. Second, I will examine the relationship between the Court and private litigants and women's groups and how this leads to the construction of EU policy through litigation. Specifically, I am interested in tracing the dynamic which has led to the institutionalization of sex equality norms at the European level. The larger purpose of the analysis is to offer systematic evidence of how activists (both national and transnational) are utilizing European space (as provided by EU institutions) and are doing so to bring about significant national policy changes. Furthermore, this project provides empirical evidence of how EU institutions engage in a mutually empowering relationship with activists. This dynamic interaction leads not only to the expansion of EU competence, but also illustrates how both EU institutions and rules have been used in unintended ways