IDEAS home Printed from https://ideas.repec.org/a/bla/jcmkts/v56y2018i6p1429-1445.html
   My bibliography  Save this article

Power Shifts via the Judicial Arena: How Annulments Cases between EU Institutions Shape Competence Allocation

Author

Listed:
  • Miriam Hartlapp

Abstract

Besides infringement and preliminary ruling procedures, actions for annulment form a third important category of procedures brought before the Court of Justice of the European Union (CJEU). A subset of these actions is ‘horizontal litigation’, where EU institutions litigate against other EU institutions. Based on a new dataset covering all horizontal annulment conflicts (1957–2017), this contribution analyzes conflict patterns. I identify the most typical litigant constellations and link them to substantial battles over competences including winners and losers. Using the example of EU external affairs, I show how annulment actions have shaped the relationship between EU institutions over time, with impact as significant as treaty changes. In sum, the analysis of this so far ‘forgotten’ type of procedure furthers our systematic understanding of policy development and competence allocation in the EU system.

Suggested Citation

  • Miriam Hartlapp, 2018. "Power Shifts via the Judicial Arena: How Annulments Cases between EU Institutions Shape Competence Allocation," Journal of Common Market Studies, Wiley Blackwell, vol. 56(6), pages 1429-1445, September.
    • Handle: RePEc:bla:jcmkts:v:56:y:2018:i:6:p:1429-1445
    DOI: 10.1111/jcms.12753
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/jcms.12753
    Download Restriction: no
    File URL: https://libkey.io/10.1111/jcms.12753?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Marton Varju & Veronika Czina & Katalin Cseres & Ernő Várnay, 2024. "Annulment Actions and the V4: Taking Legislative Conflicts Before the CJEU," Politics and Governance, Cogitatio Press, vol. 12.
    2. Michal Ovádek, 2021. "Procedural Politics Revisited: Institutional Incentives and Jurisdictional Ambiguity in EU Competence Disputes," Journal of Common Market Studies, Wiley Blackwell, vol. 59(6), pages 1381-1399, November.
    3. Michal Ovádek, 2021. "Supranationalism, constrained? Locating the Court of Justice on the EU integration dimension," European Union Politics, , vol. 22(1), pages 46-69, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:jcmkts:v:56:y:2018:i:6:p:1429-1445. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0021-9886 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.