'Integration Through Law' Revisited: The Making of the European Polity

ISBN-13: 9781409423553 / Angielski / Twarda / 2012 / 224 str.

Daniel Augenstein

Opis

Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.

Recenzje

'This rich collection of essays revisits the classic and influential volume Integration Through Law published in 1985, and provides a range of stimulating contemporary reflections on the meanings of "law" and "integration" in the EU context. Maintaining the connection which the original volume had with the European University Institute in Florence, and adding the talents of the European and legal theory faculty at the University of Edinburgh, it is a theoretically informed and sophisticated set of analyses of the presumed relationship between law and integration at a very different and troubled time in the European Union's history.' Gráinne de Búrca, New York University Law School, USA 'Integration through Law, the flagship of European law scholarship, deserves and needs to be revisited as Europe gets into ever more troubled waters. What did law accomplish? Where did it fail? What is law going to endure? This well-composed collection is sensitive to all these queries - a timely initiative indeed.' Christian Joerges, University of Bremen, Germany

Spis treści

Preface; What Law for What Polity? ‘Integration through Law’ in the European Union Revisited, Daniel Augenstein, Mark Dawson; Part I The Constitutional Frame of EU Legal Integration; Chapter 1 European Integration and European Constitutionalism, Maria Cahill; Chapter 2 The Legal Viability of European Integration in the Absence of Constitutional Hierarchy, Matej Avbelj; Chapter 3 Taking Agency Seriously, Alun Gibbs; Intervention 1, Niamh Nic Shuibhne; Part II Conceptions and Roles of Law in European Integration; Chapter 4 Concepts of Law in Integration through Law, Cormac Mac Amhlaigh; Chapter 5 Juridification, Integration and Depoliticization, Scott Veitch; Chapter 6 Identifying the European Union, Daniel Augenstein; Chapter 102 Intervention 2, Zenon Ba?kowski; Part III Beyond ‘Integration Through Law’?; Chapter 7 From Integration through Law to Integration through Conflict, Rainer Nickel; Chapter 8 Integration through Soft Law? New Governance and the Meaning of Legality in the European Union, Mark Dawson; Chapter 9 The Double Fragmentation of Law, Jennifer Hendry; Chapter 103 Intervention 3, Jo Shaw; Chapter 104 Epilogue, J.H.H. Weiler;

O autorze

Dr. Daniel Augenstein is Assistant Professor in Legal Philosophy at Tilburg University, The Netherlands. He works and publishes in the areas of European Law and Theory, Constitutional Law, Human Rights, and Legal Philosophy.