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Euratom Before the Court: A Political Theory of Legal Non-Integration

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  • Wolf, Sebastian
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    Abstract

    This paper mainly explores how law-based neo-functionalism can contribute to explain the legal development of the European Atomic Energy Community (EAEC or Euratom) in the last decades. The neo-functionalist approach developed by Burley (Slaughter) and Mattli in the 1990s expects spill-overs because it assumes that subnational actors try to overcome national law in order to pursue their interests by means of preliminary proceedings before the European Court of Justice (ECJ). It also presumes political dynamics as a consequence of a general strategy of the European Commission to widen the scope of the EAEC’s and/or its competences by means of actions against member states. By analysing ECJ case law on Euratom, the paper shows that the mechanisms and phenomena highlighted by this particular neo-functionalist approach do not occur in the case of the EAEC. It is concluded that a revised version of law-based neo-functionalism which takes into account, inter alia, context factors such as the interdependence of deregulation and reregulation is likely to have more explanatory power

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    Bibliographic Info

    Article provided by European Community Studies Association Austria (ECSA-A) in its journal European Integration online Papers (EIoP).

    Volume (Year): 15 (2011)
    Issue (Month): (December)
    Pages:
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    Handle: RePEc:erp:eiopxx:p0219

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    Related research

    Keywords: court politics; functionalism; integration theory; intergovernmentalism; negative integration; neo-functionalism; positive integration; regulatory competition; sectoral governance; preliminary rulings; energy policy; founding Treaties; European Court of Justice; European Court of Justice; law; political science;

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    1. Mattli, Walter & Slaughter, Anne-Marie, 1998. "Revisiting the European Court of Justice," International Organization, Cambridge University Press, vol. 52(01), pages 177-209, December.
    2. Mattli, Walter & Slaughter, Anne-Marie, 1995. "Law and politics in the European Union: a reply to Garrett," International Organization, Cambridge University Press, vol. 49(01), pages 183-190, December.
    3. Mattli, Walter & Slaughter, Anne-Marie, 1998. "Revisiting the European Court of Justice," International Organization, MIT Press, vol. 52(1), pages 177-209, Winter.
    4. Knill, Christoph & Lehmkuhl, Dirk, 1999. "How Europe Matters. Different Mechanisms of Europeanization," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 3, 06.
    5. Garrett, Geoffrey, 1995. "The politics of legal integration in the European Union," International Organization, Cambridge University Press, vol. 49(01), pages 171-181, December.
    6. Garrett, Geoffrey, 1995. "The Politics of Legal Integration in the European Union," International Organization, MIT Press, vol. 49(1), pages 171-81, Winter.
    7. Scharpf, Fritz W., 2000. "Notes toward a theory of multilevel governing in Europe," MPIfG Discussion Paper 00/5, Max Planck Institute for the Study of Societies.
    8. Renner, Stephan, 2009. "The Energy Community of Southeast Europe: A neo-functionalist project of regional integration," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 13, 02.
    9. Burley, Anne-Marie & Mattli, Walter, 1993. "Europe Before the Court: A Political Theory of Legal Integration," International Organization, Cambridge University Press, vol. 47(01), pages 41-76, December.
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