A QUIET REVOLUTION - THE EUROPEAN COURT OF JUSTICE AND ITS INTERLOCUTORS

Authors
Citation
Jhh. Weiler, A QUIET REVOLUTION - THE EUROPEAN COURT OF JUSTICE AND ITS INTERLOCUTORS, Comparative political studies, 26(4), 1994, pp. 510-534
Citations number
22
Categorie Soggetti
Political Science
ISSN journal
00104140
Volume
26
Issue
4
Year of publication
1994
Pages
510 - 534
Database
ISI
SICI code
0010-4140(1994)26:4<510:AQR-TE>2.0.ZU;2-5
Abstract
Although the governments of the member states of the European Communit y (EC) have always had a principal role in fashioning EC policies and norms, from the 1960s through the 1980s the European Court of Justice played a key role in imposing a compliance regime with these norms tha t has resembled in its structure and rigor the constitutional order of a federal state. To an extent unprecedented in other international or ganizations, states have found themselves locked into this regime and unable to enjoy the more common international legal compliance latitud e. Interestingly, member state courts, legislatures, and governments s eemed, by and large, to accept the new constitutional regime ''imposed '' by the European Court with a large measure of equanimity-a veritabl e ''quiet revolution.'' In this essay, the author restates the princip al features of the new order and then explores the possible reasons th at explain the acceptance and endorsements of the European Court by ma jor constituencies in the member states. In the conclusion, the author hints at factors that bode a much rougher future relationship between the European Court and its national interlocutors.