The transnational politics of judicialization: Van Gend en Loos and the making of EU polity

• Autores: Antoine Vauchez
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 16, Nº. 1, 2010, págs. 1-28
• Idioma: inglés
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• Dialnet Métricas: 2 Citas
• Resumen

  • This article tracks the genesis of one of the EU's most established meta‐narratives, that of Europeanisation‐through‐case‐law. Instead of studying this theory of European integration as an explanatory frame, I consider what is at stake in its genesis as a dominant frame of understanding of Europeanisation. I trace its emergence in the conflicting theorisations of the relationship between law and the European Communities that come along with the ECJ's ‘landmark’ decisions (Van Gend en Loos and Costa v ENEL). This approach helps seize the genesis of a specific and—at the time—rather unlikely political model for Europe in which a Court (the ECJ) is regarded as the very locus of European integration's dynamics as well as the best mediator and moderator of both Member States' ‘conservatism’ and individuals' ‘potential excesses’.