Logo Logo
Switch Language to German

Weiss, Moritz and Blauberger, Michael (March 2016): Judicialized Law-Making and Opportunistic Enforcement. Explaining the EU's Challenge of National Defence Offsets. In: Jcms-Journal of Common Market Studies, Vol. 54, No. 2: pp. 444-462

Full text not available from 'Open Access LMU'.


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.

Actions (login required)

View Item View Item