Fine-tuning the Jurisprudence: The ECJ's Judicial Activism and Self-restraint
AbstractLegal and political science scholars omit an important variable in explaining compliance with ECJ rulings: the fine-tuning in the follow-up cases. This paper shows with the Kohll/Decker social policy jurisprudence that, first, the Court applied the principles of free movement of services and goods to the Luxembourg health care system in the initial rulings in this series of cases and thereby challenged the institutional configuration of national welfare states. Step by step the ECJ extended the legal principles to other Member States and to similar cases. At the same time, however, the Court exercised self-restraint by narrowing the principles and by thus limiting the impact of its decisions largely to the less costly ambulatory sector. This fine-tuning of the jurisprudence influenced implementation processes and ultimately facilitated Member State compliance.
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Bibliographic InfoPaper provided by Institute for European integration research (EIF) in its series Working Papers of the Vienna Institute for European integration research (EIF) with number 2.
Date of creation: 15 Sep 2008
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Web page: http://www.eif.oeaw.ac.at
European Court of Justice; European Court of Justice; judicial review; social policy; Luxembourg; free movement; health policy; welfare state; political science;
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