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'Integration through Law' Revisited
Ashgate Publishing, April 2012, Pages: 220
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.
- Introduction: what law for what polity? 'Integration through law' in the European Union revisited
- The Constitutional Frame of EU Legal Integration
- European integration and European constitutionalism: consonances and dissonances
- The legal viability of European integration in the absence of constitutional hierarchy
- Taking agency seriously: an examination of legal integration and constitutionalism
- Intervention 1: mapping the EU constitutional frame: three layers
- Conceptions and Roles of Law in European Integration
- Concepts of law in integration through law
- Juridification, integration, de-politicization
- Identifying the European Union: legal integration and European communities
- Intervention 2: law, integration and process
- Beyond 'Integration Through Law'?: From integration through law to integration through conflict
- Integration through soft law? New governance and the meaning of legality in the European Union
- The double fragmentation of law: legal system-internal differentiation and the process of Europeanization
- Intervention 3: plus ça change…
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