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Explore the process of legalization in the European Union, its impact on governance, and the emergence of EU law as a normative power. Analyze the dynamics of legalization, from treaty ambiguity to strategic litigation. Examine key cases and the critiques and political backlashes faced in the process.
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The Legalization of EuropeIssues, Dynamics and Cases IntroductoryRemarks : EU Law and EuropeanIntegration - Law as EU’sUnifying Glue: Integration-Through-Law (Weiler) - Law as a Mode of Governance: Eurolegalism (D. Kelemen, 2011) - Law as Europe’sOwnSpecificIdentity : a Normative Power (I. Manners, 2002) - EU Law as an Export Model ? The Brussels’ Effect (A. Bradford, 2012)
The Legalization of EuropeIssues, Dynamics and Cases Legalization : Definition (AM Slaughter, 2000) Obligation Precision Delegation (Dispute resolution / Rulemaking / Implementation)
The Legalization of EuropeIssues, Dynamics and Cases Legalization : Dynamics (A. Stone, 2004) Step 1. Ambivalent Treaties and Regulations Step 2. EU Law Entrepreneurs Step 3. Court’s Extensive Caselaw Step 4. The Social and PoliticalMobilization of EU Law - Litigation Step 5. New Policies and Regulations (and back to step 1)
The Legalization of EuropeIssues, Dynamics and Cases Legalization : Dynamics (cf Stone, 2004)
The Legalization of EuropeIssues, Dynamics and Cases Legalization of Europe. The Viewfrom the Input Access to EU Judiciary and Trends of EU Litigation EU law’sRepeatPlayers: EU Institutions’ Legal services and Law firms From Social Claims to Legal Action. Test cases and Strategic Litigation
The Legalization of EuropeIssues, Dynamics and Cases Legalization of Europe. The Viewfrom the Output The Court of Justice of the European Union Organization and Its Evolution Judges’ Nomination Process and their Profiles Greffier and Référendaires The Making of the Caselaw
The Legalization of EuropeIssues, Dynamics and Cases Legalization of Europe : Cases FromVan Gend en Loos (1963) to Europe’sConstitutionalTreaty FromDefrenne (1976) to Non-discrimination Regulations FromCassis de Dijon (1979)to the Single Market and the Acte unique
The Legalization of EuropeIssues, Dynamics and Cases Legalization of Europe: Critiques and PoliticalBackclashes The Constitutionalization Critique (D. Grimm, 2002) LegalResistances. The Case of the GermanConstitutional Court PoliticalBacklashes (and theirlimits). From the ConstitutionalTreaty’s Referendum to the difficulties of Brexiting