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- Title
Judicialized Law-Making and Opportunistic Enforcement: Explaining the EU's Challenge of National Defence Offsets.
- Authors
Weiss, Moritz; Blauberger, Michael
- Abstract
This article seeks to explain how the European Union (EU) - by challenging national defence offsets - managed to move into a highly sensitive policy area under formerly exclusive Member State competence. Whereas major accounts of integration depict defence policy as a least likely case, our process-tracing analysis shows that the EU's recent challenge of defence offsets was a case of supranational self-empowerment. We theorize two consecutive strategies of judicial politics, which the Commission employed at different policy stages to overcome opposition from Member States and defence firms against domestic policy change: judicialized law-making and opportunistic enforcement. Both strategies depend on three scope conditions: expansive case law of the European Court of Justice (ECJ), its fit with policy priorities of the Commission and a credible threat of follow-up litigation.
- Subjects
EUROPEAN Union; LEGISLATION; COURT of Justice of the European Union; SELF-efficacy; ENFORCEMENT
- Publication
Journal of Common Market Studies, 2016, Vol 54, Issue 2, p444
- ISSN
0021-9886
- Publication type
Article
- DOI
10.1111/jcms.12290