The Politics of Judicial Review : Supranational Administrative Acts and Judicialized Compliance Conflict in the EU

This book unites scholarship on law and politics with compliance research in the EU to shed light on the political role of a neglected dimension of litigation in the EU: the political role of governmental actions for annulment. The book does not portray national governments as passive actors within the EU’s judicial arena. Instead it focuses on cases in which national governments turn to the Court of Justice to litigate against the European Commission, and provides several answers to the question of why EU member state governments take this decision. Governments hope, on the one hand, to evade costly domestic adjustments where the Commission uses administrative acts to interfere with domestic policy application. On the other hand, governments hope to provoke judicial law-making to influence the long-term development of EU administrative law and sectoral regulation. The book will be of particular interest to political scientists and legal scholars. . The Politics Of Judicial Review Unites Scholarship On Law And Politics With Compliance Research In The Eu To Shed Light On The Political Role Of A Neglected Dimension Of Litigation In The Eu: The Political Role Of Governmental Actions For Annulment. The Book Does Not Portray National Governments As Passive Actors Within The Eu's Judicial Arena. Instead It Focuses On Cases In Which National Governments Actively Turn To The Court Of Justice To Litigate Against The European Commission. It Provides Several Answers To The Question Of Why Eu Member State Governments Take This Decision. Governments Hope, On The One Hand, To Evade Costly Domestic Adjustments Where The Commission Uses Administrative Acts To Interfere With Domestic Policy Application. On The Other Hand, Governments Hope To Provoke Judicial Law-making To Influence The Long-term Development Of Eu Administrative Law And Sectoral Regulation--back Cover. Policy Misfit And Governmental Litigation -- Governmental Litigation As A Form Of Legal Activism -- State Aid Control In The European Union -- Governmental Litigation, Policy Misfit And Legal Activism In The Eu's State Aid. Christian Adam. Includes Bibliographical References And Index. Front Matter....Pages i-xiii Introduction....Pages 1-19 Front Matter....Pages 21-22 Policy Misfit and Governmental Litigation....Pages 23-42 Governmental Litigation as a Form of Legal Activism....Pages 43-78 Front Matter....Pages 79-80 State Aid Control in the European Union....Pages 81-116 Governmental Litigation, Policy Misfit, and Legal Activism in the EU’s State Aid Regime....Pages 117-154 Conclusion....Pages 155-164 Back Matter....Pages 165-179