IDEAS home Printed from https://ideas.repec.org/p/erp/eifxxx/p0002.html
   My bibliography  Save this paper

Fine-tuning the Jurisprudence: The ECJ's Judicial Activism and Self-restraint

Author

Listed:
  • Andreas J. Obermaier

Abstract

Legal 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.

Suggested Citation

  • Andreas J. Obermaier, 2008. "Fine-tuning the Jurisprudence: The ECJ's Judicial Activism and Self-restraint," Working Papers of the Vienna Institute for European integration research (EIF) 2, Institute for European integration research (EIF).
    • Handle: RePEc:erp:eifxxx:p0002
    as

    Download full text from publisher

    File URL: https://eif.univie.ac.at/downloads/workingpapers/wp2008-02.pdf
    File Function: Full text
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:eifxxx:p0002. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Gerda Falkner (email available below). General contact details of provider: http://eif.univie.ac.at .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.