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

Juan A. Mayoral; Aida Torres Pérez

doi:10.1080/07036337.2018.1502285

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

Centre of Excellence for International Courts and Governance

Abstract

National courts all over Europe have faced the challenge of how 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 fulfil 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.

Originalsprog	Engelsk
Tidsskrift	Journal of European Integration
Vol/bind	40
Udgave nummer	6
Sider (fra-til)	719-736
Antal sider	19
ISSN	0703-6337
DOI	https://doi.org/10.1080/07036337.2018.1502285
Status	Udgivet - 19 sep. 2018

Emneord

Det Juridiske Fakultet

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10.1080/07036337.2018.1502285

Citationsformater

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title = "On judicial mobilization: Entrepreneuring for policy change at times of crisis",

abstract = "National courts all over Europe have faced the challenge of how 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 fulfil 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 = "2018",

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doi = "10.1080/07036337.2018.1502285",

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AU - Mayoral, Juan A.

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AB - National courts all over Europe have faced the challenge of how 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 fulfil 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

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KW - Empowerment

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DO - 10.1080/07036337.2018.1502285

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

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