The Europeanization of Welfare - The Domestic Impact of Intra-European Social Security*

Martinsen, Dorte Sindbjerg

doi:10.1111/j.1468-5965.2005.00607.x

“…Moreover, the EEAS is de facto a fairly independent service of the European Union, and its mission is to define and defend a European foreign policy (while keeping in mind sovereignty of the member states). From this perspective, it is important to observe that, using secondary data sources, results in line with those obtained from the EEAS dataset are shown to hold also with regard to UN member states' personnel policies (Weiss 1982), and the Europeanisation of EU member state public policies (Martinsen 2005;Hobolth and Martinsen 2013).…”

Section: Concluding Discussionmentioning

confidence: 59%

Institutional Dynamics in International Organizations: Lessons from the Recruitment Procedures of the European External Action Service

Murdoch

¹

,

Geys

²

2014

Organization Studies

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This article examines how organisational designs develop by proposing a novel theoretical framework that views organisational change as resulting from a dialectic process between interpretive agents. The key claim is that existing formal procedures (such as recruitment processes, our empirical focal point) are subject to involved actors' interpretive efforts. This results in a bargaining situation based on the interpretations of the principal actors, which may induce a feedback loop whereby the original procedures are amended. The empirical relevance of the theoretical argument is illustrated via a case study of the hiring procedures in the European External Action Service.

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“…Furthermore, Denmark has no social courts; instead, complaints for the violations of rights can be submitted to quasijudicial court bodies: the Social Appeals Board and since 2011 the National Agency for Patients' Rights and Complaints. The Social Appeals Board has traditionally appeared reluctant to consider EU law in its cases for appeal (Martinsen 2005). We expect to find the same reluctance in regard to judicial Europeanisation, thus making Danish courts less active decentral enforcers of CJEU case-law.…”

Section: National Courts and Mode Of Democracy As Pivotal To Judicialmentioning

confidence: 78%

A Judicialisation of Healthcare Policies in Denmark and Spain? The Universalist Healthcare Model Meets the European Union

Mayoral

¹

,

Martinsen

²

2015

SSRN Journal

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0

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Abstract:This paper examines the impact of judicialisation on the right to cross-border healthcare in Denmark and Spain, i.e., the national impact of legal integration as spurred by the Court of Justice of the European Union (CJEU). We expect the national impact of judicialisation to be conditioned by the ex-post judicial, administrative and political responses, particularly the national courts' activation of EU law. By using new data, a compilation of national court cases, quasi-judicial proceedings and research interviews with key respondents, we examine the process of judicialisation in the two member states. The findings demonstrate that the national courts hardly played a role in Denmark and that although the courts were more active in Spain, the rulings remained largely unobserved by the political and administrative elite and the courts were thus unable to push for change. The administrative and political responses were found to be quite similar in the two member states, adapting to EU-induced changes in a protectionist and defensive manner. We conclude that the two universalistic healthcare models have so far proved resistant to judicialisation and that the discrepancy between what emerges de jure at the supranational level and the de facto rights produced at the national level is still a wide one.

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“…The Social Appeals Board has traditionally appeared reluctant to consider EU law in its cases for appeal (Martinsen 2005). We expect to find the same reluctance in regard to judicial Europeanisation, thus making Danish courts less active decentral enforcers of CJEU case-law.…”

Section: National Courts and Mode Of Democracy As Pivotal To Judicialmentioning

confidence: 79%

A judicialisation of healthcare policies in Denmark and Spain? The universalist healthcare model meets the European Union

Martinsen

¹

,

Mayoral

²

2017

Self Cite

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Abstract:This paper examines the impact of judicialisation on the right to cross-border healthcare in Denmark and Spain, i.e., the national impact of legal integration as spurred by the Court of Justice of the European Union (CJEU). We expect the national impact of judicialisation to be conditioned by the ex-post judicial, administrative and political responses, particularly the national courts' activation of EU law. By using new data, a compilation of national court cases, quasi-judicial proceedings and research interviews with key respondents, we examine the process of judicialisation in the two member states. The findings demonstrate that the national courts hardly played a role in Denmark and that although the courts were more active in Spain, the rulings remained largely unobserved by the political and administrative elite and the courts were thus unable to push for change. The administrative and political responses were found to be quite similar in the two member states, adapting to EU-induced changes in a protectionist and defensive manner. We conclude that the two universalistic healthcare models have so far proved resistant to judicialisation and that the discrepancy between what emerges de jure at the supranational level and the de facto rights produced at the national level is still a wide one.

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The Europeanization of Welfare - The Domestic Impact of Intra-European Social Security*

Cited by 58 publications

References 28 publications

Institutional Dynamics in International Organizations: Lessons from the Recruitment Procedures of the European External Action Service

Institutional Dynamics in International Organizations: Lessons from the Recruitment Procedures of the European External Action Service

A Judicialisation of Healthcare Policies in Denmark and Spain? The Universalist Healthcare Model Meets the European Union

A judicialisation of healthcare policies in Denmark and Spain? The universalist healthcare model meets the European Union

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