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171. From Free Trade to Supranational Polity: The European Court and Integration

Author:
Alec Stone Sweet and James A. Caporaso
Publication Date:
11-1996
Content Type:
Working Paper
Institution:
University of California Institute on Global Conflict and Cooperation (IGCC)
Abstract:
In this paper, we propose a dynamic theory of legal integration, test the model quantitatively, and then cross-check it by way of process tracing. We show that transnational exchange, litigation, and the production of Euro-rules have evolved interdependently, and argue that this interdependence provokes and reinforces the spillover effects that partly drive the construction of supranational governance. In case studies of the impact of the legal system on outcomes in two areas, the free movement of goods and European social provisions, we show that our model outperforms the dominant framework for understanding how the EC legal system operates - intergovernmentalism. In each of these areas, the data show that the legal system functions to reduce member-state government control over policy outcomes, and to enhance the influence of supranational institutions, national judges, and private actors.
Topic:
Government, International Law, International Organization, and International Political Economy
Political Geography:
Europe

172. The European Commission's Ability to Act under European Competition Law: The Example of Telecommunications and Electricity Policy

Author:
Susanne K. Schmidt
Publication Date:
08-1996
Content Type:
Working Paper
Institution:
Institute of European Studies
Abstract:
European competition law allocates far-reaching competences to the European Commission. The paper asks for the conditions under which the Commission may use these rights against the member states, focusing on the most powerful provision - the right of the Commission under Article 90 to issue directives by itself in those cases where member-state governments have allocated specific rights to undertakings that conflict with the Treaty's rules. In addition the Commission may pursue Treaty violations on a case-by-case basis. In European telecommunications policy the Commission has used its powers rather successfully, with all liberalization decisions being based on Article 90. But for European electricity policy the Commission has shrunk away from using these powers in favor of initiating council legislation. The paper analyzes the conditions of the Commission's ability to act under European competition law in a multi-level framework, drawing among others on a principal-agent approach.
Topic:
Energy Policy, Government, International Law, International Political Economy, and Science and Technology
Political Geography:
Europe