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

Research output: Contribution to journalJournal articlepeer-review

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

In: Journal of European Integration, Vol. 40, No. 6, 19.09.2018, p. 719-736.

Research output: Contribution to journalJournal articlepeer-review

Harvard

Mayoral, JA & Torres Pérez, A 2018, 'On judicial mobilization: Entrepreneuring for policy change at times of crisis', Journal of European Integration, vol. 40, no. 6, pp. 719-736. https://doi.org/10.1080/07036337.2018.1502285

APA

Mayoral, J. A., & Torres Pérez, A. (2018). On judicial mobilization: Entrepreneuring for policy change at times of crisis. Journal of European Integration, 40(6), 719-736. https://doi.org/10.1080/07036337.2018.1502285

Vancouver

Mayoral JA, Torres Pérez A. On judicial mobilization: Entrepreneuring for policy change at times of crisis. Journal of European Integration. 2018 Sep 19;40(6):719-736. https://doi.org/10.1080/07036337.2018.1502285

Author

Mayoral, Juan A. ; Torres Pérez, Aida. / On judicial mobilization : Entrepreneuring for policy change at times of crisis. In: Journal of European Integration. 2018 ; Vol. 40, No. 6. pp. 719-736.

Bibtex

@article{4c4a56f7446440d9a660413789f0e473,
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 = "2018",
month = sep,
day = "19",
doi = "10.1080/07036337.2018.1502285",
language = "English",
volume = "40",
pages = "719--736",
journal = "Journal of European Integration",
issn = "0703-6337",
publisher = "Taylor & Francis",
number = "6",

}

RIS

TY - JOUR

T1 - On judicial mobilization

T2 - Entrepreneuring for policy change at times of crisis

AU - Mayoral, Juan A.

AU - Torres Pérez, Aida

PY - 2018/9/19

Y1 - 2018/9/19

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

U2 - 10.1080/07036337.2018.1502285

DO - 10.1080/07036337.2018.1502285

M3 - Journal article

VL - 40

SP - 719

EP - 736

JO - Journal of European Integration

JF - Journal of European Integration

SN - 0703-6337

IS - 6

ER -

ID: 199030936