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European Administrative Governance

Precedents and Judicial Politics in EU Immigration Law

Authors: De Somer, Marie

  • Develops a systematic enquiry into long-term, discursive patterns in the CJEU’s case law
  • Combines political science and legal understandings on the role of the Court of Justice
  • Develops a new method for evaluating the Court’s case law in light of Member States’ preferences
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eBook 67,82 €
price for Spain (gross)
  • ISBN 978-3-319-93982-7
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 83,19 €
price for Spain (gross)
  • ISBN 978-3-319-93981-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.

About the authors

Marie De Somer is Head of the Migration and Diversity Programme at the European Policy Centre in Brussels and a Guest Professor at the KU Leuven Law Faculty. She has previously worked at Maastricht University, The Netherlands, the European Commission and the Centre for European Policy Studies.

Reviews

“Marie De Somer’s book is a fine example of interdisciplinary scholarship. This combined methodological approach allows for convincing conclusions as to the degree to which the Court of Justice acts independently from the policy preferences of the EU Member States in the sensitive field of immigration.” (Bruno de Witte, European University Institute and Maastricht University, The Netherlands)

“In this important book, Marie De Somer analyses the role of the European Court of Justice in EU family reunification policies. With its precedent-based argumentation the Court succeeds in moving the case law beyond what member states agreed to. Based on a mixed methods approach and carefully avoiding problems of observational equivalence, De Somer breaks new ground in showing the autonomy of the Court. I cannot recommend this volume highly enough.” (Susanne K. Schmidt, University of Bremen, Germany)

Table of contents (9 chapters)

  • Introduction

    De Somer, Marie

    Pages 1-9

  • The Court’s Role in Processes of European Integration

    De Somer, Marie

    Pages 11-60

  • Precedents and Judicial Politics

    De Somer, Marie

    Pages 61-88

  • Case Selection and Data

    De Somer, Marie

    Pages 89-105

  • Identifying Member States’ Interests

    De Somer, Marie

    Pages 107-149

Buy this book

eBook 67,82 €
price for Spain (gross)
  • ISBN 978-3-319-93982-7
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 83,19 €
price for Spain (gross)
  • ISBN 978-3-319-93981-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Precedents and Judicial Politics in EU Immigration Law
Authors
Series Title
European Administrative Governance
Copyright
2019
Publisher
Palgrave Macmillan
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-3-319-93982-7
DOI
10.1007/978-3-319-93982-7
Hardcover ISBN
978-3-319-93981-0
Series ISSN
2524-7263
Edition Number
1
Number of Pages
IX, 361
Number of Illustrations
1 b/w illustrations
Topics