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Power Shifts via the Judicial Arena: How Annulments Cases between EU Institutions Shape Competence Allocation

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  • Miriam Hartlapp

Abstract

Besides infringement and preliminary ruling procedures, actions for annulment form a third important category of procedures brought before the Court of Justice of the European Union (CJEU). A subset of these actions is ‘horizontal litigation’, where EU institutions litigate against other EU institutions. Based on a new dataset covering all horizontal annulment conflicts (1957–2017), this contribution analyzes conflict patterns. I identify the most typical litigant constellations and link them to substantial battles over competences including winners and losers. Using the example of EU external affairs, I show how annulment actions have shaped the relationship between EU institutions over time, with impact as significant as treaty changes. In sum, the analysis of this so far ‘forgotten’ type of procedure furthers our systematic understanding of policy development and competence allocation in the EU system.

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  • Miriam Hartlapp, 2018. "Power Shifts via the Judicial Arena: How Annulments Cases between EU Institutions Shape Competence Allocation," Journal of Common Market Studies, Wiley Blackwell, vol. 56(6), pages 1429-1445, September.
    • Handle: RePEc:bla:jcmkts:v:56:y:2018:i:6:p:1429-1445
    DOI: 10.1111/jcms.12753
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    Cited by:

    1. Michal Ovádek, 2021. "Procedural Politics Revisited: Institutional Incentives and Jurisdictional Ambiguity in EU Competence Disputes," Journal of Common Market Studies, Wiley Blackwell, vol. 59(6), pages 1381-1399, November.
    2. Michal Ovádek, 2021. "Supranationalism, constrained? Locating the Court of Justice on the EU integration dimension," European Union Politics, , vol. 22(1), pages 46-69, March.

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