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The Legalization of Europe Issues, Dynamics and Cases

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Presentation on theme: "The Legalization of Europe Issues, Dynamics and Cases"— Presentation transcript:

1 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)

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

3 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)

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

5 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

6 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

7 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

8 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


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