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Published Nov. 9, 2010 10:52 AM

This paper contests the standard interpretation of the cases Martínez Sala and Baumbast. It shows why they are not epochal judgments, but logical extensions of the pre-Maastricht case of the Court. Furthermore, it reveals why and how the judgments have radicalised the processes of Europeanisation of what used to be exclusive national competences, and the judicialisation of decision-making processes where representative institutions used to have the exclusive word.

ARENA Working Paper 11/2009 (pdf)

Agustín José Menéndez