Michal Bobek, Europeanization of Public Law

Michal Bobek, Europeanization of Public Law (March 28, 2016). Forthcoming in „THE MAX PLANCK HANDBOOK OF PUBLIC LAW IN EUROPE, VOL. I: IUS PUBLICUM EUROPAEUM” (A von Bogdandy and others (eds), Oxford University Press, 2016). Available at SSRN
Abstract:

This chapter introduces the notion of Europeanization of public law and its various perceptions in legal scholarship and research. It outlines the structures and issues within which we tend to think of the process and outcome of a phenomenon called Europeanization. It proceeds as follows. Section two outlines the different ways in which the notion of Europeanization may be understood and conceptualized. Subsequently, three different streams of potential approaches to Europeanization are discussed in turn. Section three critically examines the empirical, top-down study of Europeanization, focusing on the key questions of such quantitative measuring of impact of the EU on the national legal systems. Section four, while remaining still more on the empirical side as to its approach, outlines the complex picture of the traffic in legal solutions and ideas in Europe today, suggesting that the study of Europeanization yields only very approximate results if it is reduced to the study of top-down impulses sent by the EU. Section five retains the broader vision of Europeanization, but changes the approach: from the empirical to a normative and constructive vision of what European public law ought to become. The section also stresses the importance of comparative legal scholarship for such vision of European public law. Section six briefly outlines the vexing issues arising out of the condensed and massive case study in Europeanization in the form of Eastern enlargement of the EU. Finally, section seven concludes.

 

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