'Integration through Law' Revisited: The Making of the European Polity
Title: 'Integration through Law' Revisited: The Making of the European Polity
Editor(s): AUGENSTEIN, Daniel
Citation: Farnham/Burlington, Ashgate, 2012, Edinburgh/Glasgow Law and Society Series
Series/Number: [European University Institute]; [Integration through Law]
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.
Table of Contents:
--Preface; Introduction: what law for what polity? 'Integration through law' in the European Union revisited, Daniel Augenstein and Mark Dawson; --Part I The Constitutional Frame of EU Legal Integration: European integration and European constitutionalism: consonances and dissonances, Maria Cahill; --The legal viability of European integration in the absence of constitutional hierarchy, Matej Avbelj; --Taking agency seriously: an examination of legal integration and constitutionalism, Alun Gibbs; --Intervention 1: mapping the EU constitutional frame: three layers, Naimh Nic Shuibhne. --Part II Conceptions and Roles of Law in European Integration: Concepts of law in integration through law, Cormac Mac Amhlaigh; --Juridification, integration, de-politicization, Scott Veitch; --Identifying the European Union: legal integration and European communities, Daniel Augenstein; --Intervention 2: law, integration and process, Zenon Bankowski. --Part III Beyond 'Integration Through Law'?: From integration through law to integration through conflict, Rainer Nickel; --Integration through soft law? New governance and the meaning of legality in the European Union, Mark Dawson; --The double fragmentation of law: legal system-internal differentiation and the process of Europeanization, Jennifer Hendry; --Intervention 3: plus ça change…, Jo Shaw; --Epilogue, J.H.H. Weiler; --Bibliography; --Index.
The contributors of this edited collection revisit one of the first academic projects to concepualise and study legal integration, the 'Integration through Law' project, started at the European University Institute, Florence, in 1978 and directed by Mauro Cappelletti, Monica Seccombe and Joseph H. H. Weiler. The 'Florence Integration Through Law' Series, edited by Mauro Cappelletti, Monica Seccombe and Joseph H. H. Weiler, was the result of this research project and contains a number of volumes published in the 1980s.
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