LEGAL INTEGRATION - THEORIZING THE LEGAL DIMENSION OF EUROPEAN INTEGRATION

Authors
Citation
Ka. Armstrong, LEGAL INTEGRATION - THEORIZING THE LEGAL DIMENSION OF EUROPEAN INTEGRATION, Journal of Common Market studies, 36(2), 1998, pp. 155-174
Citations number
31
Categorie Soggetti
International Relations",Business
ISSN journal
00219886
Volume
36
Issue
2
Year of publication
1998
Pages
155 - 174
Database
ISI
SICI code
0021-9886(1998)36:2<155:LI-TTL>2.0.ZU;2-D
Abstract
Drawing on the dominant themes of political science and legal literatu re to interrogate their images of law and courts, it is suggested that an instrumentalist image of law is often projected in which law is un critically constructed as a medium of integration. The article argues that law as a medium must confront law as an institution which shapes external attempts at steering but also structures the element of agenc y possessed by legal actors, including the ECJ. The changing nature of EU governance is also highlighted, requiring us to provide more adequ ate accounts of complex relationships between EU law and politics.