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Abbreviations | ||
Tables and Figures | ||
Legal Decisions Cited | ||
1 | The Making of an International Rule of Law in Europe | 1 |
I | The establishment of a limited European legal system, 1950-1964 | 5 |
II | The transformation of the European legal system | 16 |
III | Explaining the making of an international rule of law in Europe: the plan of the book | 27 |
2 | National Judicial Interests and the Process of Legal Integration in Europe | 33 |
I | Explaining change in national legal doctrines: the dependent variable | 34 |
II | Legalism, neo-realism and neo-functionalism: where are the politics? | 39 |
III | A general theory of judicial interests | 45 |
IV | Integrating EC law supremacy into national legal systems: an (historical) institutionalist account | 52 |
V | National judicial constraints on European legal integration | 60 |
3 | German Judicial Acceptance of European Law Supremacy | 64 |
I | The main judicial actors in the legal debate | 66 |
II | Negotiating doctrinal change regarding European law supremacy | 71 |
4 | French Judicial Acceptance of European Law Supremacy | 124 |
I | The main judicial actors in the legal debate | 127 |
II | The processes of doctrinal change regarding European law supremacy | 135 |
5 | Winning Political Support: Why Did National Governments Accept a Judicial Revolution That Transferred Away National Sovereignty? | 182 |
I | How did the ECJ escape member state control? | 183 |
II | Why did national governments not reassert control? | 192 |
III | What powers do national governments have over the process of legal integration? | 202 |
IV | National governments and the European rule of law | 207 |
6 | The Transformation of the European Legal System and the Rule of Law in Europe | 209 |
I | The vicious circle of international law: weak legal mechanisms combined with poor compliance | 211 |
II | The virtuous circle: how effective legal systems enhance the rule of law | 217 |
III | Extending the influence of law and courts into the political process | 221 |
References | 233 | |
Index | 251 |
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