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How the court made a federation of the EU

  • Jean-Michel Josselin


  • Alain Marciano


We analyze the European institutional integration that took place in the 1950s and 1960s as a two-stage process. Firstly, an explicitly political project aims at establishing a European political community. The project is abandoned in the mid-1950s and political integration stops. At that time, the institutions of the Union take the form of a confederation. In a second stage, because of the failure of the European political community, a legal process of integration driven by the European Court of Justice takes place. This second stage of unification is more centralizing and in effect leads to a federalization of the European institutional structure. The transformation of the political structure of the European Union thus appears to result from the actions and decisions of a legal entity, the European Court of Justice.

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Article provided by Springer in its journal The Review of International Organizations.

Volume (Year): 2 (2007)
Issue (Month): 1 (March)
Pages: 59-75

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Handle: RePEc:spr:revint:v:2:y:2007:i:1:p:59-75
DOI: 10.1007/s11558-006-9001-y
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  1. Randall Holcombe, 1991. "Constitutions as constraints: A case study of three american constitutions," Constitutional Political Economy, Springer, vol. 2(3), pages 303-328, September.
  2. Jean-Michel Josselin & Alain Marciano, 2003. "From economic to legal competition : New perspectives on European federalism," Post-Print halshs-00076679, HAL.
  3. Holcombe, R.G., 1998. "Constitutional Theory and the Constitutional History of Colonial America," Working Papers 1998_03_01, Department of Economics, Florida State University.
  4. Dennis Mueller, 2005. "Constitutional political economy in the European Union," Public Choice, Springer, vol. 124(1), pages 57-73, July.
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  6. Randall Holcombe, 1996. "Vibert's vision: Constitutional theory in search of a constitution," Constitutional Political Economy, Springer, vol. 7(4), pages 281-291, December.
  7. Vaubel, Roland, 1997. "The constitutional reform of the European Union," European Economic Review, Elsevier, vol. 41(3-5), pages 443-450, April.
  8. Pierre Salmon, 2003. "Accounting for centralisation in the European Union: Niskanen, Monnet or Thatcher?," Post-Print hal-00445604, HAL.
  9. Karp, Basil, 1954. "The Draft Constitution for a European Political Community," International Organization, Cambridge University Press, vol. 8(02), pages 181-202, May.
  10. Jean-Michel Josselin & Alain Marciano, 2005. "Administrative law and economics," Post-Print halshs-00103728, HAL.
  11. Jean-Michel Josselin & Alain Marciano, 2000. "Displacing your Principal. Two Historical Case Studies of Some Interest for the Constitutional Future of Europe," European Journal of Law and Economics, Springer, vol. 10(3), pages 217-233, November.
  12. Jean-Yves Pitarakis & George Tridimas, 2003. "Joint Dynamics of Legal and Economic Integration in the European Union," European Journal of Law and Economics, Springer, vol. 16(3), pages 357-368, November.
  13. Stefan Voigt, . "Iudex Calculat: The ECJ's Quest for Power," German Working Papers in Law and Economics 2003-1-1066, Berkeley Electronic Press.
  14. Jean-Michel Josselin & Alain Marciano, 2004. "Federalism and subsidiarity in national and international contexts," Post-Print halshs-00076694, HAL.
  15. Kitzinger, U. W., 1960. "Europe: The Six and the Seven," International Organization, Cambridge University Press, vol. 14(01), pages 20-36, December.
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