The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU

By Mark A. Pollack | Go to book overview

European Union governments have delegated judicial powers to the European Court of Justice primarily to monitor national compliance with EU law and to solve problems of incomplete contracting, and they have granted the Court extraordinarily wide discretion to do so.

Member-state principals enjoy a comparatively small range of control mechanisms vis-a-vis the ECJ (e.g. the power of appointment, legislative reversal of Court judgments, and unilateral non-compliance with those judgments). The Court's broad discretion has allowed it to pursue an integrationist agenda with little regard to the preferences of powerful member states or to the likelihood of legislative overruling. In response to such judicial activism, however, EU member governments have recently been more reluctant to delegate extensive new powers to the Court, which enjoys no jurisdiction in the area of Common Foreign and Security Policy and only partial jurisdiction in the area of Justice and Home Affairs.


Chapter 3 The Court of Justice as an Agent: Delegation of Judicial Power in the European Union

In Chapter 2 , we examined the patterns of delegation and discretion for the European Commission, noting the remarkably broad array of powers delegated to the Commission in both primary and secondary legislation, the numerous control mechanisms designed to limit the Commission's discretion, and the wide variation in both delegation and discretion across issue areas. In this chapter, devoted to the European Court of Justice, our task is made considerably simpler by the fact that the ECJ has been delegated powers almost exclusively by the treaties, and these powers delegated are almost entirely 'horizontal' rather than 'vertical' or issue-specific, the only exceptions being the second and third pillars of the Maastricht and Amsterdam Treaties, in which ECJ jurisdiction is either excluded or limited in a variety of ways.

In the first part of this chapter, therefore, I focus primarily on the provisions of the Union's constitutive treaties delegating powers to the European Court of Justice, which I argue fit closely the functions of monitoring, enforcement, and incomplete contracting emphasized in the principal-agent literature; and on the relatively small number of provisions providing for explicit member-state control or influence over the Court's behaviour, including the appointment procedure, the prospect of legislative overruling, and the unwritten but nevertheless real prospect of national non-compliance with ECJ decisions. Overall, I suggest, the Court enjoys a remarkable amount of discretion in comparison not only with the Commission but also with national constitutional courts.

Nevertheless, while the Court does appear to enjoy broad discretion in the traditional EC pillar of the Union, in recent years the member governments have shown far greater reluctance to extend similar

-155-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 496

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.