Who cares about nationality? The path-dependent case law of the ECJ from goods to citizens
Date Issued
2011-12-19
Author(s)
Abstract
The role that the ECJ plays in European integration has been much discussed by political scientists. Less is known about how case law develops. In this contribution, I give a historical-institutionalist account and argue that path dependence explains the course that case law takes. Litigants provide positive feedback in this process, aiming to strengthen their rights by transferring legal arguments from one area to the next, leading to a convergent interpretation of the fundamental freedoms. The paper traces this development, analyzing how legal arguments were transferred from goods markets to the free movement of workers and citizenship as a result of positive feedback to a distinct legal interpretation. I discard alternative explanations that explain case law by drawing on the preferences of member states or judges.
Subjects
Case law
;
Citizenship
;
ECJ
;
Four freedoms
;
Litigants
;
Path dependence
Publisher
Taylor & Francis
Institution
Type
journal article
Journal/Edited collection
Band
19
Issue
1
Start page
8
End page
24
Secondary publication
Yes
Document version
Postprint
Language
English
File(s)![Thumbnail Image]()
Loading...
Name
Who cares about nationality - The path-dependent case law of the ECJ from goods to citizens.pdf
Size
382.43 KB
Format
Adobe PDF
Checksum
(MD5):a273ccff9e7d8427f57f9d72b7e128ac