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Politics in robes? The European Court of Justice and the myth of judicial activism

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  • Grimmel, Andreas
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    Abstract

    What characterizes the EU today is that it is not only a multi-level governance system, but also a multi-context system. The making of Europe does not just take place on different levels within the European political framework, executed by different groups of actors or institutions. Rather, it also happens in different and distinguishable social contexts - distinct functional, historical, and local frameworks of reasoning and action - that political science alone cannot sufficiently analyze with conventional and generalizing models of explanation. The European law is such a context, and it should be perceived as a self-contained sphere of argument and action that generates impetus for integration. Therefore, the role of the European Court of Justice in the process of integration may only be adequately captured by examining European law as an independent space of reasoning and action. --

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    Bibliographic Info

    Paper provided by Europa-Kolleg Hamburg, Institute for European Integration in its series Discussion Papers with number 2/11.

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    Date of creation: 2011
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    Handle: RePEc:zbw:ekhdps:211

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    Web page: http://www.europa-kolleg-hamburg.de/home/?L=1
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    Keywords: European Court of Justice (ECJ); Integration through Law; Integration Theory; Regional Integration; Rationalism; Trivial Rationalism; Context Rationality; Context of Law; Context Analysis; Judicial Politics;

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    1. 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.
    2. Garrett, Geoffrey, 1992. "International cooperation and institutional choice: the European Community's internal market," International Organization, Cambridge University Press, vol. 46(02), pages 533-560, March.
    3. Jean-Michel Josselin & Alain Marciano, 2007. "How the court made a federation of the EU," The Review of International Organizations, Springer, vol. 2(1), pages 59-75, March.
    4. Garrett, Geoffrey, 1995. "The politics of legal integration in the European Union," International Organization, Cambridge University Press, vol. 49(01), pages 171-181, December.
    5. Höpner, Martin, 2010. "Warum betreibt der Europäische Gerichtshof Rechtsfortbildung? Die Politisierungshypothese," MPIfG Working Paper 10/2, Max Planck Institute for the Study of Societies.
    6. Gary Marks & Liesbet Hooghe & Kermit Blank, 1996. "European Integration from the 1980s: State-Centric v. Multi-level Governance," Journal of Common Market Studies, Wiley Blackwell, vol. 34(3), pages 341-378, 09.
    7. Höpner, Martin, 2008. "Usurpation statt Delegation: Wie der EuGH die Binnenmarktintegration radikalisiert und warum er politischer Kontrolle bedarf," MPIfG Discussion Paper 08/12, Max Planck Institute for the Study of Societies.
    8. Corbey, Dorette, 1995. "Dialectical functionalism: stagnation as a booster of European integration," International Organization, Cambridge University Press, vol. 49(02), pages 253-284, March.
    9. Mattli, Walter & Slaughter, Anne-Marie, 1998. "Revisiting the European Court of Justice," International Organization, Cambridge University Press, vol. 52(01), pages 177-209, December.
    10. Caporaso, James A. & Tarrow, Sidney, 2009. "Polanyi in Brussels: Supranational Institutions and the Transnational Embedding of Markets," International Organization, Cambridge University Press, vol. 63(04), pages 593-620, October.
    11. Stone Sweet, Alex, 1999. "Judicialization and the Construction of Governance," Center for Culture, Organizations and Politics, Working Paper Series qt2fc6571w, Center for Culture, Organizations and Politics of theInstitute for Research on Labor and Employment, UC Berkeley.
    12. Andrew Moravcsik, 1995. "Liberal Intergovernmentalism and Integration: A Rejoinder," Journal of Common Market Studies, Wiley Blackwell, vol. 33(4), pages 611-628, December.
    13. 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.
    14. Torsten Selck & Mark Rhinard & Frank Häge, 2007. "The evolution of European legal integration," European Journal of Law and Economics, Springer, vol. 24(3), pages 187-200, December.
    15. Garrett, Geoffrey & Kelemen, R. Daniel & Schulz, Heiner, 1998. "The European Court of Justice, National Governments, and Legal Integration in the European Union," International Organization, Cambridge University Press, vol. 52(01), pages 149-176, December.
    16. Pollack, Mark A., 1997. "Delegation, agency, and agenda setting in the European Community," International Organization, Cambridge University Press, vol. 51(01), pages 99-134, December.
    17. Lisa Conant, 2007. "Review Article: The Politics of Legal Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 45, pages 45-66, 09.
    18. Alter, Karen J., 2000. "The European Union's Legal System and Domestic Policy: Spillover or Backlash?," International Organization, Cambridge University Press, vol. 54(03), pages 489-518, June.
    19. 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.
    20. Christian Joerges, 2006. "'Deliberative Political Processes' Revisited: What Have we Learnt About the Legitimacy of Supranational Decision-Making," Journal of Common Market Studies, Wiley Blackwell, vol. 44, pages 779-802, November.
    21. Alter, Karen J., 1998. "Who Are the “Masters of the Treaty”?: European Governments and the European Court of Justice," International Organization, Cambridge University Press, vol. 52(01), pages 121-147, December.
    22. Carrubba, Clifford J. & Murrah, Lacey, 2005. "Legal Integration and Use of the Preliminary Ruling Process in the European Union," International Organization, Cambridge University Press, vol. 59(02), pages 399-418, April.
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