Legal Europeanization as Legal Transformation: Some Insights from Swiss “Outer Europe”

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dc.contributor.author MAIANI, Francesco
dc.date.accessioned 2008-07-14T17:14:12Z
dc.date.available 2008-07-14T17:14:12Z
dc.date.issued 2008
dc.identifier.issn 1830-7728
dc.identifier.uri http://hdl.handle.net/1814/9017
dc.description.abstract The “Europeanization” of non-EU countries’ laws is predominantly seen as an “export” of the EU acquis, especially in the case of so-called “quasi-member” states such as Switzerland. Based on an examination of the Swiss experience, this paper highlights the flaws of this conceptualization: the Europeanization of Swiss Law is a highly differentiated phenomenon, encompassing several forms of approximation to EU Law. All of these forms fall short of an “export” of norms, and result in the creation of something new: a “Europeanized law” that is similar to, but qualitatively different from, EU Law. Another drawback of the “export” metaphor is the emphasis it places on the isomorphism of positive legislation. Europeanization goes deeper than that. As shown in this paper, it is a process of transformation involving not only positive law, but also legal thinking. The Swiss case demonstrates how significant such deeper transformations can be: the Europeanization of positive law has induced an alteration of the traditional canon of legal interpretation. It also demonstrates how problematic such transformations can be: the above-mentioned alteration has not given rise to a new and universally accepted canon of interpretation. This reflects the tension between the need for clear “rules of reference” for EU legal materials – which are required in order to restore coherence and predictability to an extensively Europeanized legal system – and the reluctance to give a legal value to foreign legal materials – which is rooted in a traditional understanding of the concept of “law”. Such tension, in turn, shows what deep and difficult transformations are required in order to establish a viable model of legal integration outside supranational structures. en
dc.language.iso en en
dc.publisher European University Institute
dc.relation.ispartofseries EUI MWP en
dc.relation.ispartofseries 2008/32 en
dc.subject Europeanization en
dc.subject Switzerland en
dc.subject autonomer Nachvollzug en
dc.subject adaptation autonome en
dc.subject acquis communautaire en
dc.subject European Law en
dc.subject differentiated integration en
dc.subject harmonisation en
dc.subject globalization en
dc.subject international relations en
dc.title Legal Europeanization as Legal Transformation: Some Insights from Swiss “Outer Europe” en
dc.type Working Paper en
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