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The European Union's Legal System and Domestic Policy: Spillover or Backlash?

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  • Alter, Karen J.
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    Abstract

    The legal system of the European Union (EU) offers domestic actors apowerful tool to influence national policy. European law can be drawn onby private litigants in national courts to challenge national policies.These challenges can be sent by national judges to the European Court ofJustice (ECJ), which instructs national courts to apply European lawinstead of national law, or to interpret national law in a waycompatible with European law. Combining victories in front of the ECJwith political mobilization and pressure, litigants and groups have usedthe European legal system to force their governments to change nationalpolicies.

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    Bibliographic Info

    Article provided by Cambridge University Press in its journal International Organization.

    Volume (Year): 54 (2000)
    Issue (Month): 03 (June)
    Pages: 489-518

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    Handle: RePEc:cup:intorg:v:54:y:2000:i:03:p:489-518_44

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    Cited by:
    1. Richard Perkins & Eric Neumayer, 2007. "Do membership benefits buy regulatory compliance?: an empirical analysis of EU directives 1978-1999," LSE Research Online Documents on Economics 3057, London School of Economics and Political Science, LSE Library.
    2. George Tridimas, 2004. "A Political Economy Perspective of Judicial Review in the European Union: Judicial Appointments Rule, Accessibility and Jurisdiction of the European Court of Justice," European Journal of Law and Economics, Springer, vol. 18(1), pages 99-116, July.
    3. Stefan Voigt, . "Iudex Calculat: The ECJ's Quest for Power," German Working Papers in Law and Economics 2003-1-1066, Berkeley Electronic Press.
    4. Andreas Grimmel, 2011. "Integration and the Context of Law: Why the European Court of Justice is not a Political Actor," Les Cahiers européens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
    5. Tridimas, George & Tridimas, Takis, 2004. "National courts and the European Court of Justice: a public choice analysis of the preliminary reference procedure," International Review of Law and Economics, Elsevier, vol. 24(2), pages 125-145, June.
    6. Grimmel, Andreas, 2011. "Politics in robes? The European Court of Justice and the myth of judicial activism," Discussion Papers 2/11, Europa-Kolleg Hamburg, Institute for European Integration.
    7. Richard Perkins & Eric Neumayer, 2007. "Implementing multilateral environmental agreements: an analysis of EU directives," LSE Research Online Documents on Economics 3056, London School of Economics and Political Science, LSE Library.

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