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Judicial Politics in the European Union

Karen Schlüter
Otto-von-Guericke University Magdeburg
Karen Schlüter
Otto-von-Guericke University Magdeburg

Abstract

The role of the Court of the European Union as motor for the European integration and its disciplinary mechanisms are well known. Two new developments can be stated: First, the decisions by the Court have opposing trends and follow the systematic of “effet utile” with restrictions so that they accept the regulatory needs of the member states. Second, the disciplinary mechanism is not successful with regard to the new member states, especially due to the low number of preliminary references from the national courts. Taking these trends into account, the paper will analyze the impact of the decisions by the Court for the constitutional dimension in the member states.