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Article: The European Court of Justice, state noncompliance, and the politics of override
Title | The European Court of Justice, state noncompliance, and the politics of override |
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Authors | |
Issue Date | 2012 |
Citation | American Political Science Review, 2012, v. 106, n. 1, p. 204-213 How to Cite? |
Abstract | In an article previously published by the APSR, Carrubba, Gabel, and Hankla claim that the decision making of the European Court of Justice (ECJ) has been constrainedsystematicallyby the threat of override on the part of member state governments, acting collectively, and by the threat of noncompliance on the part of any single state. They also purport to have found strong evidence in favor of intergovernmentalist, but not neofunctionalist, integration theory. On the basis of analysis of the same data, we demonstrate that the threat of override is not credible and that the legal system is activated, rather than paralyzed, by noncompliance. Moreover, when member state governments did move to nullify the effects of controversial ECJ rulings, they failed to constrain the court, which continued down paths cleared by the prior rulings. Finally, in a head-to-head showdown between intergovernmentalism and neofunctionalism, the latter wins in a landslide. © 2012 American Political Science Association. |
Persistent Identifier | http://hdl.handle.net/10722/300170 |
ISSN | 2023 Impact Factor: 5.9 2023 SCImago Journal Rankings: 5.070 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Stone Sweet, Alec | - |
dc.contributor.author | Brunell, Thomas | - |
dc.date.accessioned | 2021-06-04T05:49:12Z | - |
dc.date.available | 2021-06-04T05:49:12Z | - |
dc.date.issued | 2012 | - |
dc.identifier.citation | American Political Science Review, 2012, v. 106, n. 1, p. 204-213 | - |
dc.identifier.issn | 0003-0554 | - |
dc.identifier.uri | http://hdl.handle.net/10722/300170 | - |
dc.description.abstract | In an article previously published by the APSR, Carrubba, Gabel, and Hankla claim that the decision making of the European Court of Justice (ECJ) has been constrainedsystematicallyby the threat of override on the part of member state governments, acting collectively, and by the threat of noncompliance on the part of any single state. They also purport to have found strong evidence in favor of intergovernmentalist, but not neofunctionalist, integration theory. On the basis of analysis of the same data, we demonstrate that the threat of override is not credible and that the legal system is activated, rather than paralyzed, by noncompliance. Moreover, when member state governments did move to nullify the effects of controversial ECJ rulings, they failed to constrain the court, which continued down paths cleared by the prior rulings. Finally, in a head-to-head showdown between intergovernmentalism and neofunctionalism, the latter wins in a landslide. © 2012 American Political Science Association. | - |
dc.language | eng | - |
dc.relation.ispartof | American Political Science Review | - |
dc.title | The European Court of Justice, state noncompliance, and the politics of override | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1017/S0003055412000019 | - |
dc.identifier.scopus | eid_2-s2.0-84857982052 | - |
dc.identifier.volume | 106 | - |
dc.identifier.issue | 1 | - |
dc.identifier.spage | 204 | - |
dc.identifier.epage | 213 | - |
dc.identifier.eissn | 1537-5943 | - |
dc.identifier.isi | WOS:000301263400011 | - |