Chapter

European Integration and the Legal System

Alec Stone Sweet

in The State of the European Union, 6

Published in print September 2003 | ISBN: 9780199257409
Published online April 2004 | e-ISBN: 9780191600951 | DOI: http://dx.doi.org/10.1093/019925740X.003.0002
 European Integration and the Legal System

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Assesses the interaction between developments in EU law and the politics of integration, and is primarily concerned with the impacts of the courts on the evolution of EU institutions (rules and procedures). It gives a broad‐gauge overview of the development of the legal system and considers the impact of adjudicating European law on EU political developments. Stone Sweet then relates both European integration theory and methodology, identifying if, how, and why these theories can help understanding of the evolution of the EU legal system. Proceeds as follows: the first section, Integration and the Courts, examines the sources and consequences of the constitutionalization of the legal system; the second and third sections (The Evolution of the Treaty of Rome, and The Legislative Process) evaluate the role of the courts in the institutional evolution of the EU, and the impact of that evolution on the treaty revision and legislative processes; the Conclusion briefly considers the Europeanization of the law, an important phenomenon implicated in various ways throughout the chapter.

Keywords: constitutionalization; courts; EU institutions; EU law; EU legal system; EU politics; European integration; European law; EU; Europeanization of the law; integration; integration methodology; integration theory; methodology; political development; Treaty of Rome

Chapter.  11864 words.  Illustrated.

Subjects: Politics

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