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Integration-through-Law: Contribution to a Socio-history of EU Political Commonsense

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  • Antoine Vauchez

Abstract

This article tracks the genesis of one of the EU's most established meta-narratives, that of Europeanization-through-case-law. Instead of studying this theory of European integration as an explanatory frame, I consider it here as the phenomenon to be explained and accounted for. Thereby, the paper does not try to assess how heuristic and explicative it may be, but rather analyzes what is at stake in its genesis as a dominant theory of Europeanization. I trace its emergence in the conflicting theorizations of the relationship between Law and the European Communities that come along with the European Court of Justice's 'landmark' decisions (Van Gend en Loos and Costa v. ENEL). This approach helps seizing the genesis of a specific and - at the time - rather unlikely political model for Europe in which a judge (the ECJ) is regarded as the very locus of European integration's dynamics as well as the best mediator and moderator of both Member States' "conservatism" and individuals' "potential excesses". It also allows to grasp the emergence of Euro-implicated lawyers as a group endowed with a set of critical functions (integration) and missions (protecting the EC treaties) the theory assigned them.

Suggested Citation

  • Antoine Vauchez, 2008. "Integration-through-Law: Contribution to a Socio-history of EU Political Commonsense," EUI-RSCAS Working Papers 10, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    • Handle: RePEc:erp:euirsc:p0187
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    References listed on IDEAS

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    1. F. H. Hahn, 1963. "A Comment," Oxford Economic Papers, Oxford University Press, vol. 15(2), pages 191-191.
    2. Lowe, Vaughan, 2007. "International Law," OUP Catalogue, Oxford University Press, number 9780199268849, Decembrie.
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    Cited by:

    1. Fritz W. Scharpf, 2009. "The Asymmetry of European Integration - or why the EU cannot be a Social Market Economy," KFG Working Papers p0006, Free University Berlin.
    2. Scharpf, Fritz W., 2009. "The double asymmetry of European integration: Or: why the EU cannot be a social market economy," MPIfG Working Paper 09/12, Max Planck Institute for the Study of Societies.
    3. Scharpf, Fritz W., 2010. "Community and autonomy: Institutions, policies and legitimacy in multilevel Europe," Schriften aus dem Max-Planck-Institut für Gesellschaftsforschung Köln, Max Planck Institute for the Study of Societies, volume 68, number 68.
    4. Jean-Claude Barbier & Fabrice Colomb, 2015. "The Janus face of EU law: A sociological perspective on European law making and its influence on social policy in the EU," Chapters, in: Jean-Claude Barbier & Ralf Rogowski & Fabrice Colomb (ed.), The Sustainability of the European Social Model, chapter 1, pages 19-43, Edward Elgar Publishing.

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    Keywords

    Europeanization; European law; European Court of Justice;
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