With Thomas Brunell
This chapter charts the evolution of the European Community (EC). To do so, we combine three different perspectives. First, we examine the major features of the integration process since 1959. We argue that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, creating a self-sustaining, dynamic system. Second, we examine the “constitutionalization” of the treaty system, and survey the activities of the European Court. Among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, we consider the relationship between the European Court of Justice (ECJ) and the national courts, focusing on how intra-judicial conflict and cooperation have shaped the production of specific constitutional doctrines. Through these “constitutional dialogues, ” the supremacy of EC law was gradually achieved, rendering it judicially enforceable.
With the Treaty of Rome, Belgium, France, Germany, Italy, Luxembourg, and the Netherlands sought a long-term solution 1 to a pressing problem: how to channel political and economic reconstruction, and particularly