Opposition in the EU Multi-Level Polity: Legal Mobilization against the Data Retention Directive

This book challenges the conventional wisdom that the European Union (EU) is an example of governance without opposition by arguing that legal mobilization and litigation before constitutional courts provides actors and organizations from civil society with an opportunity to challenge and overturn policy decisions that originate at the EU level. It presents case studies of constitutional challenges to the implementation of the EU Data Retention Directive in four Member States to illustrate the motivations for, as well as the preconditions and pitfalls of, mobilizing constitutional law.

Format: Paperback / softback
Length: 152 pages
Publication date: 27 October 2021
Publisher: Springer Nature Switzerland AG

This book presents a compelling argument that challenges the prevailing notion that the European Union (EU) operates as a governance model devoid of opposition. By embracing a concept of opposition that recognizes both the institutional characteristics of the EU polity and the essential roles of political opposition, the book argues that legal mobilization and litigation before constitutional courts offer actors and organizations from civil society a valuable platform to challenge and overturn policy decisions emanating from the EU level. Furthermore, it provides insightful case studies of constitutional challenges to the implementation of the EU Data Retention Directive in four Member States (Austria, the Czech Republic, Germany, and Ireland) to illustrate the motivations behind, as well as the prerequisites and challenges associated with, mobilizing constitutional law. By integrating literature on social movements, law, and politics, as well as comparative government, this book appeals to readers with interests in political science, sociology, and legal studies.

The conventional wisdom holds that the European Union (EU) exemplifies governance without opposition. However, this book challenges that notion by proposing a concept of opposition that values both the institutional features of the EU polity and the fundamental functions of political opposition. It argues that legal mobilization and litigation before constitutional courts provide actors and organizations from civil society with an opportunity to challenge and overturn policy decisions originating at the EU level.

To support its argument, the book presents case studies of constitutional challenges to the implementation of the EU Data Retention Directive in four Member States (Austria, the Czech Republic, Germany, and Ireland). These case studies illustrate the motivations behind mobilizing constitutional law, as well as the preconditions and pitfalls associated with such challenges. By connecting the literature on social movements, law, and politics, as well as comparative government, the book offers a comprehensive analysis of the dynamics and implications of opposition within the EU.

This book will appeal to readers with interests in political science, sociology, and legal studies. It provides valuable insights into the complex dynamics of governance, the role of civil society in shaping policy decisions, and the potential for constitutional law to play a pivotal role in challenging and transforming EU policies.

Weight: 229g
Dimension: 210 x 148 (mm)
ISBN-13: 9783030471644
Edition number: 1st ed. 2021