The Legalization of Europe Issues, Dynamics and Cases

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Presentation transcript:

The Legalization of Europe Issues, Dynamics and Cases Introductory Remarks : EU Law and European Integration - Law as EU’s Unifying Glue: Integration-Through-Law (Weiler) - Law as a Mode of Governance: Eurolegalism (D. Kelemen, 2011) - Law as Europe’s Own Specific Identity : a Normative Power (I. Manners, 2002) - EU Law as an Export Model ? The Brussels’ Effect (A. Bradford, 2012)

The Legalization of Europe Issues, Dynamics and Cases Legalization : Definition (AM Slaughter, 2000) Obligation Precision Delegation (Dispute resolution / Rule making / Implementation)

The Legalization of Europe Issues, Dynamics and Cases Legalization : Dynamics (A. Stone, 2004) Step 1. Ambivalent Treaties and Regulations Step 2. EU Law Entrepreneurs Step 3. Court’s Extensive Caselaw Step 4. The Social and Political Mobilization of EU Law - Litigation Step 5. New Policies and Regulations (and back to step 1)

The Legalization of Europe Issues, Dynamics and Cases Legalization : Dynamics (cf Stone, 2004)

The Legalization of Europe Issues, Dynamics and Cases Legalization of Europe. The View from the Input Access to EU Judiciary and Trends of EU Litigation EU law’s Repeat Players: EU Institutions’ Legal services and Law firms From Social Claims to Legal Action. Test cases and Strategic Litigation

The Legalization of Europe Issues, Dynamics and Cases Legalization of Europe. The View from the Output The Court of Justice of the European Union Organization and Its Evolution Judges’ Nomination Process and their Profiles Greffier and Référendaires The Making of the Caselaw

The Legalization of Europe Issues, Dynamics and Cases Legalization of Europe : Cases From Van Gend en Loos (1963) to Europe’s Constitutional Treaty From Defrenne (1976) to Non-discrimination Regulations From Cassis de Dijon (1979) to the Single Market and the Acte unique

The Legalization of Europe Issues, Dynamics and Cases Legalization of Europe: Critiques and Political Backclashes The Constitutionalization Critique (D. Grimm, 2002) Legal Resistances. The Case of the German Constitutional Court Political Backlashes (and their limits). From the Constitutional Treaty’s Referendum to the difficulties of Brexiting