{"title":"欧洲法律和经济一体化中的重大决策:我们学到了什么?","authors":"K. Alter","doi":"10.2139/ssrn.3666792","DOIUrl":null,"url":null,"abstract":"This is the concluding chapter of a book that revisits the European Court of Justice’s Cassis de Dijon ruling. The book’s many chapters engage and update the 1994 article I published with Sophie Meunier ‘Judicial Politics in the European Community: European Integration and the Path-Breaking Cassis de Dijon Decision,’ which was our first piece of scholarship. Part I explores how European law scholarship has evolved since the Cassis de Dijon ruling offering a different perspective on what the book’s various authors expect to have found compared to what they then found. In our original article, Sophie and I focused on how the Commission amplified the Cassis ruling. Part I argues that ‘integration through law’ activism more broadly amplified the Cassis ruling, and this amplification went beyond the launching of a conversation about mutual recognition. Part II discusses sensibilities that are still absent from the conversation, concluding with a set of challenges for scholars who want to revisit the history of European legal integration. We need to approach the development of EU law over time from a global perspective, a perspective that critically reflects on the sui generis elements of EU law and openly explores and discusses how forces beyond Europe shaped European legal and economic integration.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Big Decisions in European Legal and Economic Integration: What Have We Learned?\",\"authors\":\"K. Alter\",\"doi\":\"10.2139/ssrn.3666792\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This is the concluding chapter of a book that revisits the European Court of Justice’s Cassis de Dijon ruling. The book’s many chapters engage and update the 1994 article I published with Sophie Meunier ‘Judicial Politics in the European Community: European Integration and the Path-Breaking Cassis de Dijon Decision,’ which was our first piece of scholarship. Part I explores how European law scholarship has evolved since the Cassis de Dijon ruling offering a different perspective on what the book’s various authors expect to have found compared to what they then found. In our original article, Sophie and I focused on how the Commission amplified the Cassis ruling. Part I argues that ‘integration through law’ activism more broadly amplified the Cassis ruling, and this amplification went beyond the launching of a conversation about mutual recognition. Part II discusses sensibilities that are still absent from the conversation, concluding with a set of challenges for scholars who want to revisit the history of European legal integration. We need to approach the development of EU law over time from a global perspective, a perspective that critically reflects on the sui generis elements of EU law and openly explores and discusses how forces beyond Europe shaped European legal and economic integration.\",\"PeriodicalId\":254768,\"journal\":{\"name\":\"Legal History eJournal\",\"volume\":\"33 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-08-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Legal History eJournal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.3666792\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Legal History eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3666792","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Big Decisions in European Legal and Economic Integration: What Have We Learned?
This is the concluding chapter of a book that revisits the European Court of Justice’s Cassis de Dijon ruling. The book’s many chapters engage and update the 1994 article I published with Sophie Meunier ‘Judicial Politics in the European Community: European Integration and the Path-Breaking Cassis de Dijon Decision,’ which was our first piece of scholarship. Part I explores how European law scholarship has evolved since the Cassis de Dijon ruling offering a different perspective on what the book’s various authors expect to have found compared to what they then found. In our original article, Sophie and I focused on how the Commission amplified the Cassis ruling. Part I argues that ‘integration through law’ activism more broadly amplified the Cassis ruling, and this amplification went beyond the launching of a conversation about mutual recognition. Part II discusses sensibilities that are still absent from the conversation, concluding with a set of challenges for scholars who want to revisit the history of European legal integration. We need to approach the development of EU law over time from a global perspective, a perspective that critically reflects on the sui generis elements of EU law and openly explores and discusses how forces beyond Europe shaped European legal and economic integration.