Abstract
This article seeks to explain how the European Union (EU) - by challenging national defence offsets - managed to move into a highly sensitive policy area under formerly exclusive Member State competence. Whereas major accounts of integration depict defence policy as a least likely case, our process-tracing analysis shows that the EU's recent challenge of defence offsets was a case of supranational self-empowerment. We theorize two consecutive strategies of judicial politics, which the Commission employed at different policy stages to overcome opposition from Member States and defence firms against domestic policy change: judicialized law-making and opportunistic enforcement. Both strategies depend on three scope conditions: expansive case law of the European Court of Justice (ECJ), its fit with policy priorities of the Commission and a credible threat of follow-up litigation.
| Item Type: | Journal article |
|---|---|
| Keywords: | compliance; defence procurement; European Commission; European Court of Justice; judicial politics; Europeanization |
| Faculties: | Social Sciences > Geschwister-Scholl-Institute for Political Science |
| Subjects: | 300 Social sciences > 320 Political science |
| ISSN: | 0021-9886 |
| Language: | English |
| Item ID: | 47227 |
| Date Deposited: | 27. Apr 2018, 08:12 |
| Last Modified: | 04. Nov 2020, 13:24 |
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