Susceptibility to Countermeasures for Scenario 1 (Legal and Acceptable) Rulings

Cotter, John

Abstract

This chapter tests the hypothesis established in Chapter 6 by exploring the likelihood of the Court of Justice's countervailing powers employing countermeasures where the Court renders a ‘scenario 1' rulings. These are rulings that adhere to the legal doctrine and accepted techniques and are substantively acceptable to all the Court's countervailing powers. This chapter advances the argument that there are both normative and pragmatic reasons why the Court of Justice should, where possible, deliver 'scenario 1' rulings. The chapter considers political science accounts of the relationship between the Court of Justice and Member State governments; specifically, the two most dominant and opposing theories, neofunctionalism and intergovernmentalism. Thereafter, there is a discussion of the extent to which 'scenario 1' rulings are possible and the extent to which the Court is free to choose between outcomes where more than one 'scenario 1' ruling is available.

Citation

Cotter, J. (2022). Susceptibility to Countermeasures for Scenario 1 (Legal and Acceptable) Rulings. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00014

• Acceptance Date: May 6, 2022
• Publication Date: May 6, 2022
• Deposit Date: Jun 2, 2023
• Pages: 99-120
• ISBN: 9781788979559; 9781788979542; 9781788979559
• DOI: https://doi.org/10.4337/9781788979559.00014