Precedents and Judicial Politics in EU Immigration Law

This study explores how the Court of Justice of the European Union (CJEU) uses precedents to develop its jurisprudence independently of the political preferences of EU member states. It analyzes case law in the politically sensitive area of immigration law from the 1970s to the present and identifies consistent discursive patterns that have moved EU immigration law beyond what member states had intended. The study combines political science and legal discussions to understand the Court's role in processes of European integration.

Format: Hardback
Length: 361 pages
Publication date: 13 August 2018
Publisher: Springer International Publishing AG

This comprehensive study delves into the intricate realm of precedents in the case law of the Court of Justice of the European Union (CJEU). It makes a compelling argument that the strategic deployment of precedent-based discourses plays a pivotal role in enabling the Court to establish its jurisprudence independently, free from the influence of political preferences among EU member states. The foundation of this study is a thorough and long-term evaluation of CJEU case law in the politically sensitive domain of immigration law. It traces the Court's rulings in this area from the 1970s to the present, providing a comprehensive analysis of the evolution of EU immigration law.

Through meticulous research, the study identifies a series of consistent discursive patterns that gradually pushed EU immigration law beyond the original intentions of member states. These patterns, which emerged over time, exerted a subtle yet profound influence on shaping the legal framework governing immigration in the European Union.

The study adopts an interdisciplinary approach, drawing upon insights from political science and legal discussions to shed light on the Court of Justice and its crucial role in processes of European integration. It explores the dynamics between the CJEU, national courts, and the broader political context, examining how legal decisions interact with political agendas and shape the trajectory of European integration.

In conclusion, this study offers a valuable contribution to the understanding of the role of precedents in the CJEU's case law. It demonstrates how the strategic use of precedent-based discourses empowers the Court to develop its jurisprudence autonomously, ensuring that EU immigration law is shaped by objective legal principles rather than political considerations. By engaging with both political science and legal perspectives, the study provides a comprehensive analysis of the complex interplay between the CJEU, member states, and the broader European integration landscape.

Weight: 586g
Dimension: 156 x 218 x 25 (mm)
ISBN-13: 9783319939810
Edition number: 1st ed. 2019