European Union: Power and Policy-Making

By Jeremy J. Richardson | Go to book overview

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.


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Burley, A-M. and Mattli, W. (1993) 'Europe before the Court: A Political Theory of Legal Integration' International Organization 47 (1).

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

Garrett, G. (1992) 'International Cooperation and Institutional Choice: The European Community's Internal Market' International Organization 46 (2).
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Gerber, D. (1994) 'The Transformation of European Community Competition Law?' HarvardInternational Law Journal 35 (1).

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.

Maher, I. (1994) 'National Courts and European Community Courts Legal Studies 14 (2).
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Mazey, S. (1988) 'European Community Action on Behalf of Women: The Limits of Legislation' Journal of Common Market Studies 27 (1).

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


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European Union: Power and Policy-Making
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Tables vii
  • Preface ix
  • Part I - Theoretical and Historical Perspectives 1
  • 1 - Policy-Making in the Eu 3
  • 2 - The Development of the European Idea 24
  • Notes 38
  • 3 - Integration Theory and the Study of the European Policy Process 40
  • Notes 55
  • References 56
  • Part 2 - Agenda-Setting and Institutional Processing 59
  • 4 - Agenda-Setting in the European Union 61
  • Notes 74
  • 5 - A Maturing Bureaucracy? 77
  • References 92
  • 6 - From Co-Operation to Co-Decision 96
  • 7 - National Sovereignty Vs Integration? 127
  • Notes 145
  • 8 - The National Co-Ordination of European Policy-Making 148
  • References 165
  • 9 - The Court of Justice and the European Policy Process 170
  • References 183
  • Part 3 - Channels of Representation 185
  • 10 - European Elections and the European Voter 187
  • 11 - The Logic of Organisation Interest Groups 200
  • Note 214
  • 12 - By-Passing the Nation State? Regions and the Eu Policy Process 216
  • Part 4 - A Supranational State? 231
  • 13 - Enlarging the European Union 233
  • Notes 244
  • 14 - The Eu as an International Actor 247
  • 15 - A European Regulatory State? 263
  • References 276
  • 16 - Eroding Eu Policies 278
  • References 293
  • Index 295


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