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The Court of Justice in times of politicisation: 'law as a mask and shield' revisited
2020
Journal of European Public Policy
This contribution analyses if and under what conditions bottom-up pressures constrain the Court of Justice of the European Union (CJEU). Neofunctionalists famously explained the power of the Court by its use of 'law as a mask and shield'. Due to its technical nature, the Court is able to mask the political substance of 'integration through law' and to shield it from political challenges. We revisit this argument in times of politicisation of the EU and develop a typology of four constellations
doi:10.1080/13501763.2020.1712460
fatcat:77272mzh4zdercyxagsrvpblea