Precedents and Judicial Politics in EU Immigration Law

Softcover reprint of the original 1st ed. 2019

by Marie De Somer

Book Details

Format Paperback / Softback

Book Series European Administrative Governance

ISBN-10 3030067637

ISBN-13 9783030067632

Edition Softcover reprint of the original 1st ed. 2019

Publisher Springer Nature Switzerland AG

Imprint Springer Nature Switzerland AG

Country of Manufacture GB

Country of Publication GB

Publication Date Dec 22nd, 2018

Print length 361 Pages

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Ksh 18,000.00

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This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law.

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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