Through analyzing the implementation of a series of European Court of Justice rulings in the key member states of Germany, France and the UK, The End of Territoriality brings the high impact issue of policy changes to the foreground. The time sequencing of such changes is traced and scrutinized through a detailed investigation by Obermaier, followed by a comprehensive illustration on the full impact the policy amendments have had on the welfare states. By drawing extensively on original sources and new material, this volume will be of key interest to those studying and working within social policy, welfare, political sociology, and European law.
Contents: Introduction: de-territorialization versus justice contained; Theorizing implementation processes of ECJ rulings; Conceptualizing the ECJ's integration function; ECJ jurisprudence on patient mobility; Implementing the Kohll/Decker jurisprudence: the overall picture in EU member states; The case of France; The case of Germany; The case of the United Kingdom (England and Wales); Fine-tuning doctrines by the ECJ: judicial activism and self-restraint?; The European Commission: enforcement and alternative management strategies; Making sense of implementation; Conclusion: 5 lessons; Bibliography; Index.
About the Author: Andreas Obermaier, Brussels, Belgium.
Reviews: 'Andreas Obermaier's account of the ECJ’s fine-tuning in the famous Kohll and Decker social security cases reveals that these doctrines indeed changed gradually and took into account both scholarly and political concerns – a reassuring insight for political scientists in the field of European integration research.'
Gerda Falkner, Institute for European Integration Research, Austrian Academy of Sciences, Austria
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Full contents list
Introduction
Index