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The New IntergovernmentalismStates and Supranational Actors in the Post-Maastricht Era$
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Christopher J. Bickerton, Dermot Hodson, and Uwe Puetter

Print publication date: 2015

Print ISBN-13: 9780198703617

Published to Oxford Scholarship Online: August 2015

DOI: 10.1093/acprof:oso/9780198703617.001.0001

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The Roles of Law in a New Intergovernmentalist European Union

The Roles of Law in a New Intergovernmentalist European Union

(p.73) 3 The Roles of Law in a New Intergovernmentalist European Union
The New Intergovernmentalism

Paul James Cardwell

Tamara Hervey

Oxford University Press

As the European Union has departed from the Community method in the post-Maastricht period, it is tempting to interpret the new intergovernmentalism as a ‘decentring’ of law, and its replacement with both politics and regulation. Far from being read as a ‘retreat’ from law, however, these developments can be interpreted as a combination of ‘hyper-legalism’ and reliance on law to provide some (at least procedural) legitimacy where regulatory or hybrid governance mechanisms fail. In this sense, this chapter argues that the contributions of law to European integration (and our understanding of it) remain significant, but should be understood in a more differentiated way than in the past.

Keywords:   European Union, integration theory, integration paradox, new intergovernmentalism, EU law, hyper-legalism, regulation

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