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The European Court and Integration

Alec Stone Sweet and Thomas Brunell

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0008
Subject:
Political Science, Comparative Politics

To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers ... More


Centre Formation in the European Union

Stefano Bartolini

in Restructuring Europe: Centre Formation, System Building, and Political Structuring between the Nation State and the European Union

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199286430
eISBN:
9780191603242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199286434.003.0003
Subject:
Political Science, European Union

This chapter devotes attention to the specific features of the new centre at the European level, and focuses on the peculiarities of its institutional design. The typical centre-building features of ... More


From Free Trade to Supranational Polity: The European Court and Integration

Alec Stone Sweet and James A. Caporaso

in European Integration and Supranational Governance

Published in print:
1998
Published Online:
April 2004
ISBN:
9780198294641
eISBN:
9780191601071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294646.003.0004
Subject:
Political Science, European Union

Proposes and tests a theory of legal integration as a process by which a supranational legal system has been constructed in Europe, centred on the European Court of Justice. It argues that legal ... More


European Enlargement and Institutional Hypocris y

Elena A. Iankova and Peter J. Katzenstein

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0013
Subject:
Political Science, European Union

Provides an account of the status of the enlargement process in the EU, both in the candidate countries and in terms of institutional changes at the EU level. In particular, it argues that European ... More


Governing in Europe: Effective and Democratic?

Fritz Scharpf

Published in print:
1999
Published Online:
October 2011
ISBN:
9780198295457
eISBN:
9780191685118
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198295457.001.0001
Subject:
Political Science, European Union

The problem-solving capacity, and hence the democratic legitimacy, of national governments is being weakened by the dual processes of legal and economic integration in Europe. This loss is not fully ... More


Private Law‐making and European Integration: Where Do They Meet, When Do They Conflict? 1

Fabrizio Cafaggi

in The Regulatory State: Constitutional Implications

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the role of private law-making (PLM) in European legal integration. It argues that PLM has significantly contributed, and can further contribute, to European legal integration ... More


Winning Political Support: Why Did National Governments Accept a Judicial Revolution That Transferred Away National Sovereignty?

KAREN J. ALTER

in Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199260997
eISBN:
9780191717505
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260997.003.0005
Subject:
Law, Comparative Law, Private International Law

This chapter explains how the European Court of Justice (ECJ) succeeded in transforming the European legal system against the will of member states. Section I explains how the ECJ escaped member ... More


A Coordinated Approach to Regulation and Civil Liability in European Law: Rethinking Institutional Complementarities

Fabrizio Cafaggi

in The Institutional Framework of European Private Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199296040
eISBN:
9780191700743
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296040.003.0006
Subject:
Law, EU Law

While the regulatory State is perceived as a relatively novel phenomenon, civil liability has been utilized as a regulatory device even before administrative regulation. Several different regulation ... More


Legal Integration in Africa and the Approach to Energy Issues: Which Way Forward?

Salvatore Mancuso

in Ending Africa's Energy Deficit and the Law: Achieving Sustainable Energy for All in Africa

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198819837
eISBN:
9780191860096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198819837.003.0007
Subject:
Law, Environmental and Energy Law

This chapter deals with the issue of energy in the context of legal integration in Africa. It gives a background of the main experiences of legal integration in Africa in the area of commercial law, ... More


Constitutionalism, Judicialisation and Human Rights in the Integration of European Society

Paul Blokker

in European Integration: Historical Trajectories, Geopolitical Contexts

Published in print:
2020
Published Online:
September 2020
ISBN:
9781474455893
eISBN:
9781474480604
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474455893.003.0006
Subject:
Political Science, Political Theory

This chapter discusses a renewed interest in a sociology of constitutions in recent years. This interest has emerged not least due to the significantly changing nature of constitutions and ... More


The Court of Justice of the European Union: Master of Integration?

Dorte Sindbjerg Martinsen

in An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198753391
eISBN:
9780191815027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753391.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter presents the scholarly debate from the 1990s onwards on the power of courts to alter politics. The interpretations of courts’ ability to generate political change are contrasted by ... More


Legal Integration and Language Diversity: Rethinking Translation in EU Lawmaking

C.J.W. Baaij

Published in print:
2018
Published Online:
March 2018
ISBN:
9780190680787
eISBN:
9780190680817
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190680787.001.0001
Subject:
Law, Philosophy of Law

How is the European Union (EU) to create laws that are uniform in a multitude of languages? Specifically, how is it to attain both legal integration and language diversity simultaneously without the ... More


Conclusion

Dorte Sindbjerg Martinsen

in An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198753391
eISBN:
9780191815027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753391.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter presents the main findings of the book and concludes. This book has examined the extent to which and the conditions under which CJEU (Court of Justice of the European Union) judicial ... More


Summary and Conclusions

C.J.W. Baaij

in Legal Integration and Language Diversity: Rethinking Translation in EU Lawmaking

Published in print:
2018
Published Online:
March 2018
ISBN:
9780190680787
eISBN:
9780190680817
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190680787.003.0007
Subject:
Law, Philosophy of Law

This chapter provides an overview of the book’s argument for an English-based, source-oriented approach to EU Translation. Chapter 2 constructed the task of EU Translation from the objectives of the ... More


Towards a European Public Law

Bernard Stirn

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This book argues that, on the basis of the law of the European Union (EU), the European Convention on Human Rights (ECHR), and the domestic public law of the countries of Europe, a European public ... More


Alberico Gentili: Sovereignty, Natural Law, and the System of Roman Civil Law

Andreas Wagner

in System, Order, and International Law: The Early History of International Legal Thought from Machiavelli to Hegel

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198768586
eISBN:
9780191821974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198768586.003.0006
Subject:
Law, Public International Law

This chapter argues that the theory of international law offered by Alberico Gentili is marked by a delicate, if not confusing, combination of the two principles of equal and unrestrained sovereignty ... More


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