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