
Contents
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I The Community System I The Community System
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II European Integration and Supranational Governance II European Integration and Supranational Governance
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EUROPEAN INTEGRATION EUROPEAN INTEGRATION
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DATA AND ANALYSIS DATA AND ANALYSIS
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SUMMARY SUMMARY
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III Constitutionalization and its Effects III Constitutionalization and its Effects
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THE CONSTITUTIONALIZATION OF THE TREATY OF ROME THE CONSTITUTIONALIZATION OF THE TREATY OF ROME
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Preliminary references Preliminary references
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Enforcement actions Enforcement actions
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IV The Constitutional Politics of Supremacy IV The Constitutional Politics of Supremacy
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SUPREMACY AND THE PROBLEM OF JUDICIAL REVIEW SUPREMACY AND THE PROBLEM OF JUDICIAL REVIEW
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SUPREMACY AND THE PROBLEM OF HUMAN RIGHTS SUPREMACY AND THE PROBLEM OF HUMAN RIGHTS
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SUPREMACY AND THE CONSTITUTIONAL LIMITS TO POLITICAL INTEGRATION SUPREMACY AND THE CONSTITUTIONAL LIMITS TO POLITICAL INTEGRATION
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REMEDIES REMEDIES
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SUMMARY SUMMARY
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V Adjudicating EC Law in the National Courts V Adjudicating EC Law in the National Courts
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PRECEDENT PRECEDENT
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REFERENCE ACTIVITY REFERENCE ACTIVITY
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VI Conclusion VI Conclusion
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2 Constructing a Supranational Constitution
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Published:September 2004
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Abstract
The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the integration process since 1959, which argues that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, to create a self‐sustaining, dynamic system. Second, the ‘constitutionalization’ of the treaty system is investigated, and the activities of the European Court of Justice (ECJ) surveyed; among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, the relationship between the ECJ and the national courts is considered, focusing on how intra‐judicial conflict and cooperation have shaped the production of specific constitutional doctrines; through these ‘constitutional dialogues’, the supremacy of EC law was gradually achieved, rendering it judicially enforceable. Overall, the chapter situates the development of the European legal system within the overall process of European integration.
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