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Opposition in the EU Multi-Level Polity

Legal Mobilization against the Data Retention Directive

  • Book
  • © 2021

Overview

Authors:
  1. Stefan Thierse

    1. Institute of European Studies, University of Bremen, Bremen, Germany

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  2. Sanja Badanjak

    1. Edinburgh Law School, University of Edinburgh, Edinburgh, UK

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  • Innovates research on political opposition in the EU
  • Examines the interaction of national constitutional and high courts and the European Court of Justice in one of the most contested pieces of EU legislation of the past two decades
  • Stimulates discussions about political conflict, legal mobilization and collective action in the EU

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Table of contents (7 chapters)

  1. Front Matter

    Pages i-xiii
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  2. Introduction

    • Stefan Thierse, Sanja Badanjak
    Pages 1-10

  3. The Never-Ending Story of Data Retention in the EU

    • Stefan Thierse, Sanja Badanjak
    Pages 11-27

  4. Conceptualizing Opposition in the EU Multi-Level Polity

    • Stefan Thierse, Sanja Badanjak
    Pages 29-45

  5. Constitutional Review as Political and Legal Opportunity Structure

    • Stefan Thierse, Sanja Badanjak
    Pages 47-74

  6. Legal Mobilization as an Oppositional Strategy: From Individual Activation to Collective Action

    • Stefan Thierse, Sanja Badanjak
    Pages 75-98

  7. Legal Mobilization Against the Data Retention Directive—Opportunity Structures, Actors and Strategies

    • Stefan Thierse, Sanja Badanjak
    Pages 99-135

  8. Opposition in the Multi-Level Polity: Prospects and Implications

    • Stefan Thierse, Sanja Badanjak
    Pages 137-143

  9. Back Matter

    Pages 145-152
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Keywords

About this book

This book challenges the conventional wisdom that the European Union (EU) is an example of governance without opposition. Building on a concept of opposition that honors both the institutional features of the EU polity and the fundamental functions of political opposition, it argues that legal mobilization and litigation before constitutional courts provides actors and organizations from civil society with an opportunity to challenge and overturn policy decisions that originate at the EU level. Further, it presents case studies of constitutional challenges to the implementation of the EU Data Retention Directive in four Member States (Austria, the Czech Republic, Germany and Ireland) to illustrate the motivations for, as well as the preconditions and pitfalls of, mobilizing constitutional law. By connecting the literature on social movements, law and politics and comparative government, this book will appeal to readers interested in political science, sociology and legal studies.   


Authors and Affiliations

  • Institute of European Studies, University of Bremen, Bremen, Germany

    Stefan Thierse

  • Edinburgh Law School, University of Edinburgh, Edinburgh, UK

    Sanja Badanjak

About the authors

Stefan Thierse is a Postdoctoral Researcher at the University of Bremen, Germany. He received his doctoral degree from the University of Bonn, Germany, in 2015. His work has been published in internationally acclaimed journals such as the Journal of European Public Policy, JCMS: Journal of Common Market Studies and European Union Politics.
 
Sanja Badanjak is a Postdoctoral Research Fellow at the University of Edinburgh, UK. She received her Ph.D. in Political Science from the University of Wisconsin – Madison, USA, in 2016. Her dissertation, ‘Coping with Europe: The Impact of the European Union on Party Systems in European Democracies’ was awarded the European Union Studies Association’s Best Dissertation in EU Studies award.     


Bibliographic Information

  • Book Title: Opposition in the EU Multi-Level Polity

  • Book Subtitle: Legal Mobilization against the Data Retention Directive

  • Authors: Stefan Thierse, Sanja Badanjak

  • DOI: https://doi.org/10.1007/978-3-030-47162-0

  • Publisher: Palgrave Pivot Cham

  • eBook Packages: Political Science and International Studies, Political Science and International Studies (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

  • Hardcover ISBN: 978-3-030-47161-3Published: 27 October 2020

  • Softcover ISBN: 978-3-030-47164-4Published: 27 October 2021

  • eBook ISBN: 978-3-030-47162-0Published: 26 October 2020

  • Edition Number: 1

  • Number of Pages: XIII, 152

  • Number of Illustrations: 3 b/w illustrations, 1 illustrations in colour

  • Topics: European Politics, Public Policy, Governance and Government

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