For a legal discussion of the feasibility of return hubs, see our blog post here (/w Isabella Brockman): eulawanalysis.blogspot.com/2025/06/retu...

Such a policy may not just be grills to the mill of Russian propaganda, but it may also conflict with EU non-discrimination law standards, as I argue in this pre-print (a revised version is forthcoming in the European Yearbook of Constitutional Law).

Citation: Henning Deters, Jonas Bornemann (2025): Authority transfer and governmental legal contestation before the court of justice of the EU, European Political Science Review (first view), DOI https://doi.org/10.1017/S1755773925100118

Thanks are due to (among others) @brekke who helped with […]

Since the turn of the century, the Commission has famously litigated ever fewer infringement cases. When the Commission was still increasing the number of cases, MS did not respond with more opposition right away. Later on, they continued to oppose the […]

[Original post on eupolicy.social]

MS also increasingly litigated against EU-level implementation decisions until the early 2000s, when the Commission relaxed its control over agricultural policy and subsidies. These policy areas are responsible for 3/4 of all annulment cases against the EU […]

[Original post on eupolicy.social]

EU legislation is subject to increasing legal mobilization in response to the pooling and delegation of law-making powers to the EU. Recently, mobilization has plateaued, but this may change as the new MS grow more confident. The corresponding annulment […]

[Original post on eupolicy.social]

The take-home message: Overall, mobilization against EU legislation, implementation, and enforcement is growing, but the salience and polarisation of the respective Court proceedings depends on how much authority the EU wielded in these domains in different […]

[Original post on eupolicy.social]

This work is the result of a truly inspiring interdisciplinary journey that began almost three years ago.
Thanks to @detershenning.eupolicy.social.ap.brid.gy, we found a research angle that allowed us to combine #politicalScience and #legalscience perspectives to explore MS litigation activity.

By analysing annulment and infringement cases involving Member States between 1954 and 2022, we observe that mobilisation against EU legislation, implementation is overall growing. We note that the number of governmental interventions and polarisation depend on the scope of authority transferred.

In our article, we ask whether the transfer of authority to EU institutions shapes Member States' legal contestation before the @eucourtofjustice.bsky.social. How do national governments mobilise against the transfer and exercise of EU authority?

In "Authority transfer and governmental legal contestation before the court of justice of the EU", @jonasbornemann.bsky.social and I ask a simple question. Does the transfer of authority to EU institutions shape Member States' (MS) legal contestation before the Court of Justice of the EU? We […]