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‘Playing the Judicial Card’: Litigation Strategies during the Process of Ratification of the L isbon T reaty
Author(s) -
Castillo Ortiz Pablo José
Publication year - 2014
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12073
Subject(s) - ratification , treaty , politics , law , political science , interpretation (philosophy) , democracy , judicial review , law and economics , sociology , philosophy , linguistics
During the process of ratification of the L isbon T reaty, a number of constitutional jurisdictions were activated by political actors. In playing ‘the judicial card’, opponents of ratification decided to seek political goals through judicial means, and thus they were obliged to develop litigation strategies. This article explores such strategies and the responses that courts gave them. It shows that constitutional proceedings with regards to the L isbon T reaty became a political battleground governed by legal logics, in which the interpretation of E uropean clauses, the democratic deficit of the U nion and the tensions underlying the E uropean judicial dialogue were privileged objects of discussion between claimants and courts in which law and politics intertwined.