On judicial mobilization: Entrepreneuring for policy change at times of crisis

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Standard

On judicial mobilization : Entrepreneuring for policy change at times of crisis. / Mayoral, Juan A.; Torres Pérez, Aida.

Public Policy and the CJEU’s Power: Bringing Stakeholders In. ed. / Emmanuelle Mathieu; Christian Adam; Miriam Hartlapp. Routledge, 2020. (Journal of European Integration).

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Harvard

Mayoral, JA & Torres Pérez, A 2020, On judicial mobilization: Entrepreneuring for policy change at times of crisis. in E Mathieu, C Adam & M Hartlapp (eds), Public Policy and the CJEU’s Power: Bringing Stakeholders In. Routledge, Journal of European Integration.

APA

Mayoral, J. A., & Torres Pérez, A. (2020). On judicial mobilization: Entrepreneuring for policy change at times of crisis. In E. Mathieu, C. Adam, & M. Hartlapp (Eds.), Public Policy and the CJEU’s Power: Bringing Stakeholders In Routledge. Journal of European Integration

Vancouver

Mayoral JA, Torres Pérez A. On judicial mobilization: Entrepreneuring for policy change at times of crisis. In Mathieu E, Adam C, Hartlapp M, editors, Public Policy and the CJEU’s Power: Bringing Stakeholders In. Routledge. 2020. (Journal of European Integration).

Author

Mayoral, Juan A. ; Torres Pérez, Aida. / On judicial mobilization : Entrepreneuring for policy change at times of crisis. Public Policy and the CJEU’s Power: Bringing Stakeholders In. editor / Emmanuelle Mathieu ; Christian Adam ; Miriam Hartlapp. Routledge, 2020. (Journal of European Integration).

Bibtex

@inbook{2aeaf4e8fc1b4cfaa91bb94d7af5622b,
title = "On judicial mobilization: Entrepreneuring for policy change at times of crisis",
abstract = "National courts all over Europe have faced the challenge of whether to protect rights in times of crisis. In the context of the Spanish housing crisis, judges adopted an activist role by mobilizing the Court of Justice of the EU in multiple cases to challenge national legislation. This forced the Spanish government to adopt reforms to strengthen the position of mortgage debtors to fulfill the obligations under EU consumer law. This article discerns the factors that lead Spanish judges to cooperate with the CJEU. We show that, although political and legal opportunities and resources play a role for the judicial mobilization of EU law, the degree to which they matter vary when we consider: the role of {\textquoteleft}judicial entrepreneurs{\textquoteright} who introduce EU law as a novel legal strategy, and the impact of this tactic on how judicial actors frame EU law, with important consequences for the politics within the judiciary.",
keywords = "Faculty of Law, National courts, Court of Justice of the European Union, CJEU, Aziz, Empowerment, Judicial mobilization",
author = "Mayoral, {Juan A.} and {Torres P{\'e}rez}, Aida",
year = "2020",
language = "English",
isbn = "9780367425029",
series = "Journal of European Integration",
publisher = "Routledge",
editor = "Emmanuelle Mathieu and Christian Adam and Miriam Hartlapp",
booktitle = "Public Policy and the CJEU{\textquoteright}s Power",
address = "United Kingdom",

}

RIS

TY - CHAP

T1 - On judicial mobilization

T2 - Entrepreneuring for policy change at times of crisis

AU - Mayoral, Juan A.

AU - Torres Pérez, Aida

PY - 2020

Y1 - 2020

N2 - National courts all over Europe have faced the challenge of whether to protect rights in times of crisis. In the context of the Spanish housing crisis, judges adopted an activist role by mobilizing the Court of Justice of the EU in multiple cases to challenge national legislation. This forced the Spanish government to adopt reforms to strengthen the position of mortgage debtors to fulfill the obligations under EU consumer law. This article discerns the factors that lead Spanish judges to cooperate with the CJEU. We show that, although political and legal opportunities and resources play a role for the judicial mobilization of EU law, the degree to which they matter vary when we consider: the role of ‘judicial entrepreneurs’ who introduce EU law as a novel legal strategy, and the impact of this tactic on how judicial actors frame EU law, with important consequences for the politics within the judiciary.

AB - National courts all over Europe have faced the challenge of whether to protect rights in times of crisis. In the context of the Spanish housing crisis, judges adopted an activist role by mobilizing the Court of Justice of the EU in multiple cases to challenge national legislation. This forced the Spanish government to adopt reforms to strengthen the position of mortgage debtors to fulfill the obligations under EU consumer law. This article discerns the factors that lead Spanish judges to cooperate with the CJEU. We show that, although political and legal opportunities and resources play a role for the judicial mobilization of EU law, the degree to which they matter vary when we consider: the role of ‘judicial entrepreneurs’ who introduce EU law as a novel legal strategy, and the impact of this tactic on how judicial actors frame EU law, with important consequences for the politics within the judiciary.

KW - Faculty of Law

KW - National courts

KW - Court of Justice of the European Union

KW - CJEU

KW - Aziz

KW - Empowerment

KW - Judicial mobilization

UR - https://www.routledge.com/Public-Policy-and-the-CJEUs-Power-Bringing-Stakeholders-In/Mathieu-Adam-Hartlapp/p/book/9780367425029

M3 - Book chapter

SN - 9780367425029

T3 - Journal of European Integration

BT - Public Policy and the CJEU’s Power

A2 - Mathieu, Emmanuelle

A2 - Adam, Christian

A2 - Hartlapp, Miriam

PB - Routledge

ER -

ID: 231322627