ECJ Judges read the morning papers. Explaining the turnaround of European citizenship jurisprudence

Michael Blauberger*, Anita Heindlmaier, Dion Kramer, Dorte Sindbjerg Martinsen, Jessica Sampson Thierry, Angelika Schenk, Benjamin Werner

*Corresponding author for this work

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

Recent jurisprudence of the European Court of Justice (ECJ) marks a striking shift towards a more restrictive interpretation of EU citizens’ rights. The Court's turnaround is not only highly relevant for practical debates about ‘Social Europe’ or ‘welfare migration’, but also enlightening from a more general, theoretical viewpoint. Several recent studies on the ECJ have argued that the Court is largely constrained by member state governments’ threats of legislative override and non-compliance. We show that an additional mechanism is necessary to explain the Court's turnaround on citizenship. While the ECJ extended EU citizens’ rights even against strong opposition by member state governments, its recent shift reflects changes in the broader political context, i.e., the politicization of free movement in the European Union (EU). The article theorises Court responsiveness to politicization and demonstrates empirically, how the Court's jurisprudence corresponds with changing public debates about EU citizenship.

Original languageEnglish
Pages (from-to)1422-1441
Number of pages20
JournalJournal of European Public Policy
Volume25
Issue number10
Early online date28 Jun 2018
DOIs
Publication statusPublished - 3 Oct 2018

Bibliographical note

Special Issue: Free movement and non-discrimination in an unequal Union

Keywords

  • EU citizenship
  • European Court of Justice
  • free movement
  • judicial independence
  • judicial responsiveness
  • politicization

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