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The aim of this chapter is to consider whether accusations of judicial activism towards the European Courts are rooted not in the activity of the CJEU per se but rather a wider ‘imbalance’ between law and politics in the present-day EU. Revisiting an earlier chapter, the chapter considers three sources of such an imbalance: the gap between the jurisdiction of the CJEU and the EU’s legislative competence; judicial reasoning at the EU level; and the imbalance in the EU between market and non-market objectives. While the chapter argues that the EU retains such an imbalance, recent developments, particularly the increasing dynamism of the EU legislature, have significantly narrowed the gap between the EU’s political and legal capacities in the last decade. As the chapter will conclude, the EU carries a less institutionally ‘lonely’ Court than in the past, providing the Union’s judiciary with greater leverage to temper activist claims.
The Court inhabits a ‘political space’ to which it is called upon to respond. This points to its need to develop cooperative relationships not only with courts but also with political actors (such as national governments and the EU legislature) and even to directly address and explain decisions to EU citizens themselves. This book is aimed at answering the question of ‘How does the CJEU position itself as a political as well as a legal actor?’ with a view to better understanding the work of the Court and addressing its contestation. For that purpose, we explore in this introductory chapter what is meant by judicial ‘activism’ and judicial ‘politics’, before examining the different varieties of judicial politics our authors have shown an interest in. This will pave the way to drawing some lessons on the factors to take into account when seeking to address and respond to contestation of the work of the Court.
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
How do voters form accurate expectations about the strength of political candidates in constituency elections if there are no reliable constituency polls available? We argue that voters can use national election polls and past election results to increase the accuracy of their expectations. A survey experiment during the German federal election of 2021 confirms that the provision of national election polls and past results increases the accuracy of voters’ expectations. The analysis further shows that voters leverage the information to update their beliefs. The results have relevant implications for debates about belief formation in low-information environments.
While psychotherapy has been shown to be effective in treating depression, take-up remains low. In a sample of 1,843 depressed individuals, we document that effectiveness concerns are top-of-mind when respondents consider the value of therapy. We then show that the average respondent underestimates the effectiveness of therapy and that an information treatment correcting this misperception increases participants’ incentivized willingness to pay for therapy. Information affects therapy demand by changing beliefs rather than by shifting attention. Our results suggest that information interventions that target the perceived effectiveness of therapy are a potent tool in combating the ongoing mental health crisis.
Contrary to conventional wisdom, even Xi Jinping, who is often depicted in the media and pundit world as having centralized control over nearly every dimension of Chinese governance, still must rely on powerful technology corporations to carry out his will in the increasingly important Internet sector. This suggests a model of political control significantly more nuanced than most observers realize. This chapter argues that Xi Jinping does not rule the Internet and more specifically social media via a tight command-and-control structure, which implies that he is the ultimate decision-maker and companies simply implement his policy decisions. Instead, the chapter demonstrates based on process-tracing that China’s governance of the Internet is best understood as a corporate management model, whereby the Chinese state engages in a partnership with technology companies. Xi Jinping assumes a leadership role enforced by state instruments of control and cooptation strategies. At the same time, the state remains dependent on companies due to their informational, organizational, and institutional resources.
Contracts for differences are widely seen as a cornerstone of Europe's future electricity market design. This paper is about designing such contracts. We identify the dispatch and investment distortions that conventional CfDs cause, the patches used to overcome these shortcomings, and the problems these fixes introduce. We then propose an alternative contract we call “financial” CfD. This hybrid between conventional CfDs and forward contracts mitigates revenue risk to a substantial degree while providing undistorted incentives. Like conventional CfDs, it is long-term and tailored to technology-specific (wind, solar, nuclear) generation patterns but, like forwards, decouples payments from actual generation. The proposed contract mitigates volume risk and avoids margin calls by accepting physical assets as collateral.