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Identifying Member States’ Interests

  • Marie De Somer
Chapter
Part of the European Administrative Governance book series (EAGOV)

Abstract

This chapter embeds the study’s first empirical step. By reviewing national governments’ interest-articulation during the drafting of EU family reunification provisions, the chapter maps Member States’ political preferences in this area of law. For these purposes, the drafting of family reunification clauses in both EU free movement law as well as in EU immigration law is considered. This first analysis provides an ex ante benchmark of dominant political preferences against which to assess, in the two subsequent stages, whether and how the Court was able to develop judicially autonomous decisions, that is, decisions that are independent from the identified preferences. By means of this ex ante benchmark, the analysis also seeks to gain leverage on the problem of observational equivalence that has hindered prior judicial politics’ analyses.

Keywords

Observational equivalence EU free movement law EU immigration law Family Reunification Directive Citizenship Directive Political preferences 

References

Primary Sources

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Copyright information

© The Author(s) 2019

Authors and Affiliations

  • Marie De Somer
    • 1
  1. 1.University of LeuvenLeuvenBelgium

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