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Precedents and Judicial Politics in EU Immigration Law

European Administrative Governance

By (author) Marie De Somer
Format: Hardback
Publisher: Springer International Publishing AG, Cham, Switzerland
Published: 13th Aug 2018
Dimensions: w 148mm h 210mm d 22mm
Weight: 596g
ISBN-10: 3319939815
ISBN-13: 9783319939810
Barcode No: 9783319939810
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Synopsis
This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court's rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.

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