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The Law in Political Integration

The Law in Political Integration

Автором Stuart A. Scheingold

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The Law in Political Integration

Автором Stuart A. Scheingold

Длина:
120 pages
1 hour
Издатель:
Издано:
May 14, 2011
ISBN:
9781610270359
Формат:
Книге

Описание

The classic 1971 study of how law and politics combine to predict a future for European integration, in what would become the EU. Scheingold analyzes the early data and reasons that law and regional integration will lead the future of the Union, not a U.S.-style constitutional development of federalism. It remains a fascinating window on the origins of the EU, plus a new Foreword by Joerg Fedtke.

Издатель:
Издано:
May 14, 2011
ISBN:
9781610270359
Формат:
Книге

Об авторе

Professor of Political Science at the University of Washington, Dr. Scheingold is the renowned author of such classic books as 'The Politics of Rights' and 'The Political Novel.'

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The Law in Political Integration - Stuart A. Scheingold

THE LAW IN POLITICAL INTEGRATION

The Evolution and Integrative Implications of

Regional Legal Processes in the European Community

Stuart A. Scheingold

_______

Classics of Law & Society Series

Quid Pro Books

New Orleans, Louisiana

Originally published in 1971 by the Center for International Affairs of Harvard University. Now the Weatherhead Center for International Affairs, the organization is featured at www.wcfia.harvard.edu and is discussed further in the section From the Original Publication of this Monograph, found at the end of the book. This work was originally part of the Center’s OCCASIONAL PAPERS IN INTERNATIONAL AFFAIRS, Number 27, June 1971. Original copyright © 1971 by the President and Fellows of Harvard College, Library of Congress Catalog Card No. 70-165456.

Copyright © 2010 by Stuart A. Scheingold. All rights reserved. No material in this book may be reproduced, copied or retransmitted in any manner without the written consent of the current publisher. Foreword copyright © 2011 by Jörg Fedtke.

Published in 2011 by Quid Pro Books, at Smashwords.

Quid Pro, LLC

5860 Citrus Blvd., Suite D-101

New Orleans, Louisiana 70123

www.quidprobooks.com

qp

Publisher’s Cataloging-in-Publication

Scheingold, Stuart A.

The Law in Political Integration: The Evolution and Integrative Implications of Regional Legal Processes in the European Community / by Stuart A. Scheingold.

p. cm.

Includes foreword by Ernst B. Haas; 2011 foreword by Jörg Fedtke.

Series: Classics of Law & Society.

ISBN: 1610270355 (ePub edition, 2011)

ISBN-13: 9781610270359 (ePub edition, 2011)

ISBN: 1610270347 (paperback edition, 2011)

ISBN: 0876740220 (original monograph edition, 1971)

1. European Union. 2. European communities. 3. Political integration—Europe. 4. Political integration—legal aspects. I. Title. II. Series.

JN 30 .S639 2010

341. 253’3—dc21

LICENSE NOTES, Smashwords edition: This ebook is licensed for your personal use only. This ebook may not be resold or given away to other people. If you would like to share this book, please purchase an additional copy for each person. Thank you for respecting the hard work of the author.

CONTENTS

Foreword, 2011

About the Author

1. INTRODUCTION

The Court of Justice

Federal Models

Format

2. THE FEDERAL PERSPECTIVE

The Assertion of Federal Prerogatives

Patterns of Litigation

Judicial Policymaking

Direct Litigation

Article 177 Proceedings

Summary

Conclusions

3. INTERPENETRATION AND THE CONSENSUAL REGIME

Introduction

Interpenetration: The National Tribunals

Interpenetration: Attorneys and Clients

Conclusion

4. THE ROLE OF LAW?

Footnotes

LIST OF TABLES

1. Appeals to Court of Justice of the European Community by Institution

2. Suits by Member-States

3. Suits against Member-States by Community Executive

4. Article 177 Opinions of the Court of Justice by Year and Country

5. European Community Litigation before National Courts

6. Article 177: Opportunity and Utilization, 1969, by Nation and by Jurisdiction

7. Comparative Satisfaction of Attorneys with European Court of Justice vs. National Courts (Technical Considerations)

8. Comparative Satisfaction of Attorneys with European Community vs. National System

9. Satisfaction of Attorneys with Community Protection of Individual Rights

10. Satisfaction of Attorneys with Community Norms (Technical Considerations)

11. Professional Engagement of Attorneys in European Community Legal Practice

12. Perceived Role of Law

FIGURES

1. Policy Matrix

THE LAW IN POLITICAL INTEGRATION

The Evolution and Integrative Implications of

Regional Legal Processes in the European Community

Stuart A. Scheingold

with

FOREWORD

by

Ernst B. Haas

2011 Foreword by Jörg Fedtke

ABOUT THE AUTHOR

Stuart A. Scheingold (1931-2010) taught generations of students as a Professor of Political Science at the University of Washington, and was an internationally recognized scholar on topics as diverse as street crime, the myth and reality of legal rights, punishment, political integration, activist lawyers, and political fiction. He wrote or edited 15 books and numerous articles and essays. His 1974 book The Politics of Rights: Lawyers, Public Policy, and Political Change is considered an essential part of socio-legal study, praised by Berkeley’s Malcolm Feeley as the best single book on law and politics in the United States. He was quite simply one of the world’s leading commentators on law and politics, notes Amherst College’s Austin Sarat.

Dr. Scheingold received his Ph.D. from Berkeley and taught at the University of Wisconsin and the University of California at Davis before joining the Washington faculty in 1969. He was previously a Social Science Research Council Fellow and a Research Associate at the Center for International Affairs of Harvard University. His published writings include The Rule of Law in European Integration: The Path of the Schuman Plan (1965) and Europe’s Would-Be Polity: Patterns of Change in the European Community (with Leon N. Lindberg, 1970). He was also a contributor to and coeditor (with Lindberg) of Regional Integration: Theory and Research (1971). He published The Politics of Law and Order: Street Crime and Public Policy in 1984 (with 2011 edition by Quid Pro Books). Later, he coauthored with Sarat an acclaimed series on cause lawyering; most recently, Scheingold published The Political Novel: Re-Imagining the Twentieth Century (Continuum, 2010).

An active member of the Law & Society Association, he became a member of the editorial board of Law & Society Review; his own articles appeared in such journals as Stanford Law Review, Journal of Politics, Annals of the American Academy of Political and Social Sciences, American Political Science Review, and The Nation. In 2001, the Law & Society Association awarded Dr. Scheingold the Harry J. Kalven Jr. Prize for distinguished contributions to socio-legal scholarship, observing that his intellectual legacy is both broad and deep. Three years later, the American Political Science Association presented him with the Law and Courts Lifetime Achievement Award. In 2009, the University of Washington established the Stuart A. Scheingold Professorship of Social Justice in his honor.

Stuart Scheingold is shown with his wife Lee Scheingold in a photograph taken in 2005 by Steve Ellsworth and used with his permission.

FOREWORD

(TO THE 2011 EDITION)

Europe has changed dramatically since this volume by Stuart A. Scheingold first appeared in 1971. Even a brief summary of these past 40 years would by far exceed the limits of a foreword. But readers interested in the profound political and legal metamorphosis that has taken place on the other side of the Atlantic can catch a glimpse of this dynamic by considering the following selected milestones in the journey from European Economic Community (EEC) to European Union (EU): the introduction of direct elections to the European Parliament in 1979 and the increasing influence of European legislation on its Member States ever since;¹ the signing of the Schengen Agreement in 1985, which has simplified the free movement of persons and goods by dismantling many border controls across Europe; the creation of the Monetary Union in 1992 and birth of the Euro as a common currency for 17 Member States a decade later; the proclamation of a Charter of Fundamental Rights in 2000, which has recently been upgraded to a justiciable bill of rights with Treaty status; and, finally, the gradual accession of 21 sovereign nations between 1973 and 2007, turning the cozy Club of Six into a complex system of 27 countries with a combined population of close to 500 million citizens on both sides of what was once the Iron Curtain.

Most of these changes would have had a utopian quality for the first audience of this book. And many contemporary readers will argue that they remain utopia even today simply because the EU will not be able to withstand the pressures that such a culturally, legally and economically diverse collection of societies

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