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Right‐Wing Eurosceptic Parties and the Strategic Use of Law

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  • Pablo Castillo‐Ortiz

Abstract

Eurosceptic actors often mobilize legal concepts and institutions against European integration. This article makes three contributions to the understanding of this phenomenon. First, it proposes a conceptual definition of the Eurosceptic use of law as part of political strategies, with the aim to make a theoretical contribution to literature in the field. Second, to anchor this idea in the empirical reality, the article exhaustively analyses instances of use of law in the manifestos of medium to large size Eurosceptic parties in national elections, focusing on right wing Eurosceptic parties in the period 2010 to 2021. Third, the article presents some core features of how law is used by the Eurosceptic parties covered by this research at the strategic, conceptual, empirical and political levels, evidencing its widespread utilization and discussing its risks for the process of European integration.

Suggested Citation

  • Pablo Castillo‐Ortiz, 2023. "Right‐Wing Eurosceptic Parties and the Strategic Use of Law," Journal of Common Market Studies, Wiley Blackwell, vol. 61(5), pages 1125-1142, September.
  • Handle: RePEc:bla:jcmkts:v:61:y:2023:i:5:p:1125-1142
    DOI: 10.1111/jcms.13464
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    References listed on IDEAS

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    1. Sartori, Giovanni, 1962. "Constitutionalism: A Preliminary Discussion," American Political Science Review, Cambridge University Press, vol. 56(4), pages 853-864, December.
    2. Julio Baquero Cruz, 2007. "The Legacy of the Maastricht-Urteil and the Pluralist Movement," EUI-RSCAS Working Papers 13, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    3. Gijs Schumacher & Marc van de Wardt & Barbara Vis & Michael Baggesen Klitgaard, 2015. "How Aspiration to Office Conditions the Impact of Government Participation on Party Platform Change," American Journal of Political Science, John Wiley & Sons, vol. 59(4), pages 1040-1054, October.
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