Legal research and political strategies: Controversy at the European Commission over the social dimension of a bigger European Union.

Authors
Citation
C. Robert, Legal research and political strategies: Controversy at the European Commission over the social dimension of a bigger European Union., SOCIOL TRAV, 42(2), 2000, pp. 203-224
Citations number
29
Categorie Soggetti
Sociology & Antropology
Journal title
SOCIOLOGIE DU TRAVAIL
ISSN journal
00380296 → ACNP
Volume
42
Issue
2
Year of publication
2000
Pages
203 - 224
Database
ISI
SICI code
0038-0296(200004/06)42:2<203:LRAPSC>2.0.ZU;2-E
Abstract
Controversy has broken out inside the European Commission over the criteria in 'social law' that should be applied to new countries seeking admission to the EU. Are these criteria defined only through directives? Or do they i ncorporate broader (political) principles? Though often presented as someth ing beyond discussion, the law is shown to be a negotiated settlement. A de tailed survey based on interviews and discussions of written texts is used to examine major elements of this controversy. The arguments and strategies of actors (a directorate general with the backing of outside consultants, and another responsible for regulations) are explored. Law involves profess ional skills, hence the work of defining what is acceptable as a legal argu ment. It works as arguments by describing the actual situation in the EU, t he only solid basis for raising objections against third parties. The law's relevance comes from its capacity to be an instrument of prescription, an argument that can be discussed in countries where the past combines with th e current transitional process to reduce the force of the law. (C) 2000 Edi tions scientifiques et medicales Elsevier SAS.