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The Judicial Construction of Europe$
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Alec Stone Sweet

Print publication date: 2004

Print ISBN-13: 9780199275533

Published to Oxford Scholarship Online: January 2005

DOI: 10.1093/019927553X.001.0001

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The Free Movement of Goods

The Free Movement of Goods

Chapter:
(p.109) 3 The Free Movement of Goods
Source:
The Judicial Construction of Europe
Author(s):

Alec Stone Sweet

Publisher:
Oxford University Press
DOI:10.1093/019927553X.003.0003

The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about European integration. This chapter provides a more detailed sectoral account of how the adjudication of one class of trading disputes gradually, but authoritatively, undermined the intergovernmental aspects of the EC, while enhancing the polity's supranational, or federal, character. Assesses the impact of adjudicating the freer movement of goods provisions of the Treaty of Rome on integration and supranational governance, focusing on the problem of non‐tariff barriers, as governed by Arts. 28–30 (EC). Proceeds as follows: first, the treaty rules on intra‐EC trade are examined, hypotheses derived about how the domain could be expected to evolve, and the argument advanced is contrasted with alternatives; second, in a section ‘Judicial Governance and Market‐Building’, the emergence is tracked of the basic doctrinal framework (the Dassonville framework) governing the domain, an analysis made of the aggregate data on adjudication in the sector, and the impact traced of the European Court of Justice's case law on the decision‐making of other actors, including the European Commission and Member State governments; third, the mutation of the framework that occurred in the 1990s is discussed – an event that was heavily conditioned by the endogenous development of the law itself; the chapter concludes with an assessment of the findings in light of the pertinent scholarly debates about the impact of the European legal system on the greater course of market‐building and political integration.

Keywords:   adjudication, case law, Dassonville framework, European Commission, European Community law, European Community trade, European Community, European Court of Justice, European integration, European legal system, European legislation, European Union, federalism, free movement of goods, judicial governance, market‐building, Member State governments, non‐tariff barriers, supranational governance, supranationalism, Treaty of Rome

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