EUPoLex seminar with Angelina Atanasova

Judicialisation of social policy - the role of lawyers and trade unions in the case of Denmark and Belgium

Judicial dialogue in the EU between domestic courts and the CJEU as well as the variation of the application of the preliminary ruling procedure (Article 267 TFEU) in the same context has been on the scholarly radars for almost thirty years now. Is the variation of the application of the mechanism a function of the “judicial empowerment” opportunity presented before lower courts, or is it due to the legal national culture, trust, economic transactions, or the variation in the national judges education and levels at which they adjudicate? Many questions have been posed but the variation of the application of Article267 TFEU has remained to a large extent a puzzle, the results of which are being contested over by political and legal scholars.

This PhD project takes a well-beaten path, aiming to explore the question of judicialization in the EU, with some unexpected turns in the process of exploration. I look at the process of judicialization of the social policy domain as a two-stage process driven bottom-up. The empirical part of the project comprises of a statistical model which tests the significance of more general as well as policy specific factors for the judicialization of the social policy domain in all EU Member States in the period 1961 – 2017; and two country case studies – Belgium and Denmark in which I explore further the presence of support structure and its importance for mobilizing EU law.

During this presentation I will focus on my research outputs of the two case studies - the social and policy context of legal mobilization, and the presence of ‘repeat players’ in Denmark and Belgium. I will further present some preliminary findings concerning the importance of trade unions and lawyers in the process of legal mobilization and ‘bottom-up judicialization’ of both policy areas.

All interested are welcome to attend. Registration is not necessary.

Feel free to bring your own lunch bag.

This seminar is part of the activities organised by the Jean Monnet Chair in EU Law & Politics and, hence, is co-funded by the Erasmus+ Programme of the European Union.