European Integration and the Legal System

Stone Sweet, Alec (February 2005) European Integration and the Legal System. IHS Political Science Series 101

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Abstract: In this paper, I chart the evolution of the European Community, combining three different perspectives. First, I examine the major features of the integration process since 1959. The evidence shows that European market and polity developedsymbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, creating a self-sustaining, dynamic system. Second, I provide an overview of the 'constitutionalization' of the treaty system, and survey the activities of the European Court. Among other things, constitutionalization secured property rights fortransnational market actors, expanded the discretionary powers of national judges, and reducedthe EC's intergovernmental character. Third, I examine in detail the impact of the adjudicating the Rome Treaty's free movement of goods provisions (Art. 28-30) on the market building and political integration.;

Item Type: IHS Series
Keywords: 'Konstitutionalisierung' 'Supernationale Governance' 'Europäischer Gerichtshof' 'Freier Warenverkehr' 'Constitutionalization' 'Supranational Governance' 'European Court of Justice' 'Free Movement of Goods'
Status: Published
Date Deposited: 26 Sep 2014 10:38
Last Modified: 24 Jul 2017 07:25
URI: http://irihs.ihs.ac.at/id/eprint/1622

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