National Responses to European Court Jurisprudence

摘要: The power of the European Court Justice (ECJ) to promote integration through law has been broadly acknowledged, but court’s domestic impact received less attention and remains contested. In particular, ambiguity many ECJ judgments is said have two opposed effects: According one logic, legal enables national policy-makers contain court rulings, i.e. ignore potentially broader policy implications. another ambiguous case provides opportunities for interested litigants pressure into (anticipatory) adjustments. Which these logics prevails, it argued, depends on distribution uncertainty costs between supporters challengers regulatory status quo. argument supported by in-depth studies responses series rulings concerning free movement capital (golden shares) services (posted workers).