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
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.