Conclusion

Abstract

This chapter discusses the key findings of this study and tries to place them within a larger research context. In contrast to existing research, it argues that the EU’s judicial arena is not necessarily something member state governments try to avoid. Instead, governments actively seek access to this arena because it (indirectly) enables them to influence the long-term development of policy-making and institutional development in the EU. This chapter explores whether this motivation extends beyond the context of actions for annulment litigation of supranational administrative acts to other forms of judicialized compliance conflict. It suggests that judicializing compliance conflict by passively ignoring Commission demands in infringement proceedings and provoking court referrals is also sometimes motivated by legal activism by national governments and their intention to provoke judicial law-making.