European Union: Power and Policy-Making

By Jeremy J. Richardson | Go to book overview
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legislation, this power is unlikely fully to overcome the difficulty with implementation, which has something of a genetic character in the Community.

Overall, the Court of Justice has made contributions in two main areas of European integration. First, it has played a leading role in the development of the Community's law. For all its faults, this law is the main feature which distinguishes the Community from conventional international organisations. Perhaps the most significant aspect of this contribution is the fact that it dramatically increases the likelihood that laws passed by the Community will be implemented at national level. The development of the Community's legal system, and particularly the doctrines of direct effect and supremacy also increased the capacity of the Court to influence substantive policy-making in Europe. In general, however, it would be misleading to attribute the development of substantive policies wholly to the Court. In fact, it has been most effective when its rulings have altered the balance of power in the policy-making process so as to facilitate the passage of legislation which might otherwise have failed to become law. The interaction of the Court with other institutions (Wincott 1995a) and interests in the development of Community law and in the policy process is a crucial characteristic of European integration.


REFERENCES

a
Alter, K. and Meunier-Aitsahalia, S. (1994) 'Judicial Politics in the European Community: European Integration and the Pathbreaking Cassis de Dijon Decision' Comparative Political Studies 26 (4).

b
Barnard, C (forthcoming) 'A European Litigation strategy: the Case of the EOC' in More, G. and Shaw, J. (eds) The New Legal Dynamics of European Union Oxford: Oxford University Press.
Bishop, M. (1993) 'European or National? The Community's New Merger Regulation' in Bishop, M. and Kay, J. (eds) European Mergers and Merger Policy Oxford: Oxford University Press.
Bulmer, S. (1994) 'Institutions and Policy Change in the European Communities: The Case of Merger Control' Public Administration 72 (3).
Burley, A-M. and Mattli, W. (1993) 'Europe before the Court: A Political Theory of Legal Integration' International Organization 47 (1).

c
Cappelletti, M. (1987) 'Is the European Court of Justice “Running Wild”' European Law Review 12 (1), pp. 3-17.

g
Garrett, G. (1992) 'International Cooperation and Institutional Choice: The European Community's Internal Market' International Organization 46 (2).
Garrett, G. and Weingast, B. (1993) 'Ideas, Interests and Institutions: Constructing the EC's Internal Market' in Goldstein, J. and Keohane, R. (eds) Ideas and Foreign Policy Ithaca, New York: Cornell University Press.
Gerber, D. (1994) 'The Transformation of European Community Competition Law?' HarvardInternational Law Journal 35 (1).

h
Hartley, T. (1986) 'Federalism, Courts and Legal Systems: The Emerging Constitution of the European Community' American Journal of Comparative Law 34.
Hartley, T. (1988) The Foundations of European Community Law Oxford: Clarendon Press.
Herdegen, M. (1994) 'Maastricht and the German Constitutional Court: Constitutional Restraints for an “Ever Closer Union”' Common Market Law Review 31.
Hoskyns, C. (1986) 'Women, European Law and Transnational Politics' International Journal of theSociology of Law 14.
Hoskyns, C. (1994) 'Gender Issues in International Relations: The Case of the European Community' Review of International Studies 20.

m
Maher, I. (1994) 'National Courts and European Community Courts Legal Studies 14 (2).
Mancini, G. (1989) 'The Making of a Constitution for Europe' Common Market Law Review 26.
Mazey, S. (1988) 'European Community Action on Behalf of Women: The Limits of Legislation' Journal of Common Market Studies 27 (1).

p
Pescatore, P. (1983) 'The Doctrine of “Direct Effect”: An Infant Disease of Community Law' European Law Review 8.

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