EUROLEGALISM

EUROLEGALISM

R. DANIEL KELEMEN
Copyright Date: 2011
Published by: Harvard University Press
https://www.jstor.org/stable/j.ctt24hgfw
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  • Book Info
    EUROLEGALISM
    Book Description:

    Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.

    eISBN: 978-0-674-06105-7
    Subjects: Political Science, Law

Table of Contents

  1. Front Matter
    (pp. i-vi)
  2. Table of Contents
    (pp. vii-viii)
  3. List of Figures
    (pp. ix-xii)
  4. CHAPTER 1 The Juris Touch
    (pp. 1-20)

    In crowded airport terminals from Brussels to Bratislava, the European Union (EU) reaches out to weary travelers. Posters sponsored by the European Commission and adorned with the blue and yellow European flag remind disgruntled passengers that they have rights. Have you been denied boarding on an overbooked flight? Has your flight been delayed by several hours or canceled? Has the airline lost your baggage? If so, the Commission would like to remind you that European law gives you a legally enforceable right to compensation. (See Figure 1.1.)

    The EU’s call to arms resonated with many frustrated passengers. After the EU...

  5. CHAPTER 2 The Political Economy of Eurolegalism
    (pp. 21-37)

    This chapter elaborates this book’s explanation for the spread of Eurolegalism and contends with counterarguments and alternative explanations. This study focuses on the sort of big, slow-moving causal processes that Paul Pierson (2004, p. 98) argues contemporary political science often overlooks. As Pierson explains, while most contemporary political science focuses on processes that involve short term causes and short term outcomes, many of the outcomes of greatest interest to political scientists actually unfold slowly as the result of cumulative, macrosocial causal processes.¹ Similarly, Wolfgang Streeck and Kathleen Thelen (2005, p. 9) emphasize the importance of causal processes that involve incremental...

  6. CHAPTER 3 Europe’s Shifting Legal Landscape
    (pp. 38-92)

    At least since Montesquieu published his The Spirit of Laws in 1748, scholars of comparative law have used metaphors relating to climate and soil when explaining differences in national legal systems (Watson 2003, p. 293). The law is described as a sensitive plant that reflects the terroir—the combined effects of the local soil, climate, and topography—in which it is grown. As a result, transfers, or “transplants,” of legal norms and practices from one country to another may not produce intended effects, as the plants wither or mutate in foreign climes. Robert Kagan (2006) invokes the same imagery, explaining...

  7. CHAPTER 4 Securities Regulation
    (pp. 93-142)

    Europeans invented securities trading. Shortly thereafter, they invented securities fraud, frenzied market bubbles, and the related pathologies that have periodically afflicted stock markets ever since. In the early seventeenth century, the Dutch East India Company became the first company in history to issue stocks and bonds, and the Amsterdam Stock Exchange emerged as the world’s first stock exchange. By 1688, Joseph de la Vega had published the first book ever on stock trading, Confusión de Confusiones, advising investors of the excesses and dangers of trading on the Amsterdam exchange.

    Times have changed, but that old brew of malice and avarice...

  8. CHAPTER 5 Competition Policy
    (pp. 143-194)

    In the staid world of European Union (EU) regulation, competition policy has long held a kind of rock star status. Over the years, EU competition officials have gone head to head with corporate giants the likes of IBM, Nestlé, Boeing, General Electric, Vodafone, Pfizer, and Microsoft. With its “dawn raids,” epic legal battles, and multimillion euro fines, competition policy has long been one of the few sources of drama in EU regulation, demonstrating to those who doubted the EU’s strength that at least in the field of competition policy there were indeed muscles in Brussels. The Treaty of Rome, subsequent...

  9. CHAPTER 6 Disability Rights
    (pp. 195-238)

    Roughly one in six Europeans of working age has some form of disability (Eurostat 2003, 2001). Disability affects all segments of society in all European Union member states, and disabled people are highly diverse in terms of the nature and severity of impairments they face. From the perspective of employment policy, addressing questions surrounding disability has long presented a major challenge. Across Europe, labor force participation rates are far lower among disabled persons than among those without disabilities (ibid.). At the end of the 1990s, public expenditures on disability-related programs in EU member states amounted to on average 2.7 percent...

  10. CHAPTER 7 Conclusion
    (pp. 239-252)

    Public discourse concerning the supposed litigation crisis in America is distorted by sensationalist media coverage and apocryphal litigation horror stories (Haltom and McCann 2004). Some of the discussion about increasing litigation in Europe is taking on a similarly alarmist tone. This is particularly true in the United Kingdom, where business leaders, academics, and even Prince Charles have warned of the dire threats to the British economy posed by the mounting “compensation culture” in British society (Bates and Maguire 2002; Bates and White 2002; Sherwood 2003; Willett 2005; Furedi 1999). In Germany too, as we saw in Chapter 6, many employers...

  11. Notes
    (pp. 255-284)
  12. References
    (pp. 285-346)
  13. Acknowledgments
    (pp. 347-348)
  14. Index
    (pp. 349-366)