The european parliament before the bench : ECJ precedent and EP litigation strategies
By: MCCOWN, Margaret
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ArticlePublisher: Oxfordshire : Routledge, December 2003Journal of European Public Policy 10, 6, p. 974-995Abstract: The influence of the European Court of Justice and its jurisprudence on European integration is well established. A closer look at this process reveals the extent to which its precedents exert influence on EU actors' decision-making in ways that parallel the effects of informal institutions. The dynamics of legal decision- making, therefore, provide some useful insights into how it is that informal institutions may shape behaviour similarly. This paper explores the impact, on intergovernmental actors, of a quite pro-integrative ECJ jurisprudence in cases concerning the European Parliament and shows how, over time, even decisions that they oppose come to influence their decision-making and conduct in inter-organizational conflicts.
The influence of the European Court of Justice and its jurisprudence on European integration is well established. A closer look at this process reveals the extent to which its precedents exert influence on EU actors' decision-making in ways that parallel the effects of informal institutions. The dynamics of legal decision- making, therefore, provide some useful insights into how it is that informal institutions may shape behaviour similarly. This paper explores the impact, on intergovernmental actors, of a quite pro-integrative ECJ jurisprudence in cases concerning the European Parliament and shows how, over time, even decisions that they oppose come to influence their decision-making and conduct in inter-organizational conflicts.
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