Table of Contents

EU Administrative Governance

EU Administrative Governance

Edited by Herwig C.H. Hofmann and Alexander H. Türk

This book is a unique contribution to the understanding of the reality of government and governance in the European Union (EU).

Chapter 15: Re-Conceptualising Europeanisation as a Public Law of Collisions: Comitology, Agencies and Interactive Public Adjudication

Michelle Everson and Christian Joerges

Subjects: law - academic, european law


15. Re-conceptualising Europeanisation as a public law of collisions: comitology, agencies and an interactive public adjudication Michelle Everson and Christian Joerges INTRODUCTION: BRINGING THE PAST TO BEAR The notion that European law is a law sui generis is one so often uttered that it could now be considered a simple truism, a phrase with universal validity, but no immediate explanatory power beyond its own self-referential replication of the stated origins of European law outside the law of the state and outside the normal international legal framework (law of states). After all, no restatement of the unique nature of European law, however forceful, can hope to overcome fundamental problems posed by, say, the Bundesverfassungsgericht in its own assertion of the equal validity of a German constitutional order.1 This, nonetheless, is not wholly fair to the appellation: the sui generis conception of European Law does have meaning, at least to the degree that its origins outside statal frameworks explain its peculiar operations, its recourse to ‘supremacy rather than sovereignty’. However, a certain critique must be allowed of the ‘unique European legal conception’, above all where it creates artificial barriers between current European legal thinking and a heritage of western legal theory and conceptualisation that might prove to be of greater explanatory worth in relation to radical European legal constructions than a simple, and sometimes regressive (in effects at least) assumption that any curious European legal phenomenon is explained by quick reference to its ‘uniqueness’. ‘Bringing the past to bear’ then is...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information