Download Brokering Europe: Euro-Lawyers and the Making of a by Antoine Vauchez PDF

By Antoine Vauchez

Because the Sixties, the character and the way forward for the eu Union were outlined in criminal phrases. but, we're nonetheless wanting a proof as to how this entanglement among legislation and ecu polity-building emerged and the way it was once maintained over the years. whereas many of the literature bargains a disembodied account of eu criminal integration, Brokering Europe finds the multifaceted roles Euro-lawyers have performed in ecu polity, significantly past the litigation area. particularly, the publication issues at pick out transnational teams of multipositioned felony marketers which were in a state of affairs to raise the function of legislation in all types of european venues. In doing so, it attracts from a brand new set of highbrow assets (field concept) and empirical concepts basically very lately mobilized for the examine of the european. Grounded on an in depth historic research, Brokering Europe presents a revised narrative of the 'constitutionalization of Europe'.

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Extra info for Brokering Europe: Euro-Lawyers and the Making of a Transnational Polity

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27 There is much evidence, however, that this central position of the High Authority’s Legal Service was threatened as two new European Communities were created. At that time still director of that Legal Service, Michel Gaudet immediately saw the dangers inherent in the splitting up of the Communities. In a very enlightening epistolary exchange with a New York lawyer, Michel Gaudet expressed his fears. On 31 December 1957, he wrote: I fear that the establishment of the two new Communities will in fact delay, if not stop, that progressive evolution of our Court towards a federal Court .

Could an institution lacking any legislative function be called a parliament? Further still, how could the Commission truly be an ‘executive branch’ of the Communities when at the same time it shared a ‘legislative function’ with the Council of Ministers? What sort of court could have the attributions of an administrative court to oversee the legality of the acts of EC institutions, those of a constitutional court to ensure the balance of power between institutions, and those of an arbitral tribunal to resolve conflicts arising from the creation of the Common Market?

That made up the new Treaties. It remains, nonetheless, that at the outset no shared and cross-sectoral framework of understanding of ‘Europe’ was available. The Paris and Rome Treaties had created a set of cursorily defined institutions, an index of (possible) European public policies, and a list of objectives to attain, but hardly any ‘political system’. The first part of this book explores the transformative process through which this rather inchoate set of Treaties, Communities, institutions and policies was turned into one ‘constitutional settlement’, thereby providing us with a unitary understanding of this emerging transnational polity.

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