Dieselgate and Eurolegalism. How a scandal fosters the Americanization of European law

The paper deals with the conflicts associated with the so-called 'Dieselgate' affair. It explains the interaction of civil society, law firms and political actors which reshapes the legal systems in Europe. Once the federal government in Germany had decided that European car owners should...

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Veröffentlicht in:Journal of European public policy 2022-02, Vol.29 (2), p.281-300
Hauptverfasser: van Elten, Katharina, Rehder, Britta
Format: Artikel
Sprache:eng
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Zusammenfassung:The paper deals with the conflicts associated with the so-called 'Dieselgate' affair. It explains the interaction of civil society, law firms and political actors which reshapes the legal systems in Europe. Once the federal government in Germany had decided that European car owners should not get any kind of financial compensation, a transnational coalition of consumer organizations and law firms successfully initiated a legal mobilization campaign to counteract the political decision. As a consequence, collective litigation rights were strengthened in Germany and at the European level. Theoretically, the paper refers to the literature on adversarial legalism. Whether this judicialized style of conflict resolution is spreading to Europe ('Eurolegalism') has been a hotly debated topic in political science. Our main argument is that the Dieselgate case is a catalyst event to foster the transformation process towards 'Eurolegalism'.
ISSN:1350-1763
1466-4429
DOI:10.1080/13501763.2020.1813792