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The Legal Mind of the Internal Market: A Governmentality Perspective on the Judicialization of Monitoring Practices

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  • Åsa Casula Vifell
  • Ebba Sjögren

Abstract

The purpose of this article is to contribute to the understanding of the broader effects of monitoring practices in the European Union. The empirical setting is Solvit, a Commission-initiated network tasked with informal resolution of misapplications of internal market directives by national authorities. All Member States must operate a Solvit centre within their administrations. Using a governmentality approach, the article investigates the normative underpinnings of the technologies deployed by Solvit and the experts which operate them. A survey study of the Solvit network shows the development of an EU identity and a cognitive judicialization which contributes to a depoliticization of issues. This allows Solvit to expand its remit from ex post monitoring to ex ante regulation. While a governance instrument can be designed for a delimited task, a governmentality approach highlights more general mechanisms by which such an instrument's influence and reach may be extended beyond its modest appearances.

Suggested Citation

  • Åsa Casula Vifell & Ebba Sjögren, 2014. "The Legal Mind of the Internal Market: A Governmentality Perspective on the Judicialization of Monitoring Practices," Journal of Common Market Studies, Wiley Blackwell, vol. 52(3), pages 461-478, May.
    • Handle: RePEc:bla:jcmkts:v:52:y:2014:i:3:p:461-478
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    File URL: http://hdl.handle.net/10.1111/jcms.12110
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    References listed on IDEAS

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    1. J.H.H. Weiler, 1993. "Journey to an Unknown Destination: A Retrospective and Prospective of the European Court of Justice in the Arena of Political Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 31(4), pages 417-446, December.
    2. Michael Merlingen, 2011. "From Governance to Governmentality in CSDP: Towards a Foucauldian Research Agenda," Journal of Common Market Studies, Wiley Blackwell, vol. 49(1), pages 149-169, January.
    3. Peter Miller, 2008. "Calculating Economic Life," Journal of Cultural Economy, Taylor & Francis Journals, vol. 1(1), pages 51-64, March.
    4. Lisa Conant, 2007. "Review Article: The Politics of Legal Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 45, pages 45-66, September.
    5. Mark Dawson, 2009. "Soft Law and the Rule of Law in the European Union: Revision or Redundancy?," EUI-RSCAS Working Papers 24, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    6. Lisa Conant, 2007. "Review Article: The Politics of Legal Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 45(s1), pages 45-66, September.
    7. Marlene Wind, 2010. "The Nordics, the EU and the Reluctance Towards Supranational Judicial Review," Journal of Common Market Studies, Wiley Blackwell, vol. 48(4), pages 1039-1063, September.
    8. Marlene Wind, 2010. "The Nordics, the EU and the Reluctance Towards Supranational Judicial Review," Journal of Common Market Studies, Wiley Blackwell, vol. 48, pages 1039-1063, September.
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    Cited by:

    1. Matteo Fiorini & Bernard Hoekman, 2017. "Economic Governance, Regulation and Services Trade Liberalization," RSCAS Working Papers 2017/27, European University Institute.
    2. Michelle Egan & Maria Helena Guimarães, 2017. "The Single Market: Trade Barriers and Trade Remedies," Journal of Common Market Studies, Wiley Blackwell, vol. 55(2), pages 294-311, March.

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