Differentiating and Linking Politics and Adjudication-The Example of European Electricity Policy

• Autores: Adrienne Héritier, Leonor Moral Soriano
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 8, Nº. 3, 2002, págs. 363-383
• Idioma: inglés
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• Resumen

  • The paper analyses how politics and adjudication answer similar questions in the context of policy‐making. It contrasts how societal problems are selected, defined, solved and legitimised by both disciplines. We raise these questions in regard to the liberalization of the European Electricity markets. We reconstruct the decision‐making process at the political and adjudicative arena taking place in this policy area. By so doing, we elaborate the differences and establish the links between politics and adjudication. We argue that what differentiates these two disciplines constitutes their very links; that is, the adjudicative and political arena are linked precisely because they are different at various level.