The Transformation of Europe

Weiler, Joseph H. H.

doi:10.2307/796898

Cited by 1,160 publications

(306 citation statements)

References 0 publications

Supporting

Mentioning

287

Contrasting

Unclassified

Order By: Relevance

“…As Joseph Weiler (1991Weiler ( , p. 2479 has so pointedly described, the notion of 'community' in the EU breaks the 'exclusivist ethos of statal autonomy'. I cannot improve on Weiler's account of this development, namely its 'civilizing effect on intra-European statal intercourse' which stems from the 'tension of the state actors among themselves and with their community and their need to reconcile the reflexes and ethos of the "sovereign" national state with new modes of discourse and a new discipline of solidarity ' (1992, p. 38).…”

Section: Wearing a Janus-facementioning

confidence: 99%

“…What makes Coreper fascinating as an institutional interface is that the permanent representatives have to manage this tension between the Community and national levels on a day-to-day basis. Or in more general terms described by Weiler (1991Weiler ( , p. 2480, they are actors 'fated to live in an uneasy tension with two competing senses of the polity's self, the autonomous self and the self as a part of a larger community'.…”

Section: Conclusion: Coreper As a Nucleus Of Communitymentioning

confidence: 99%

See 1 more Smart Citation

Is the ‘Hard Bargaining’ Image of the Council Misleading? The Committee of Permanent Representatives and the Local Elections Directive

Lewis

1998

J of Common Market Studies

293

119

View full text Add to dashboard Cite

The quiet evolution of the Committee of Permanent Representatives (Coreper) into a de facto decision-making body has received surprisingly little attention from integration researchers. Even less attention has been paid to the novel institutional form and underlying rationality of this forum at the interface between the national and Community levels. This article argues that Coreper maintains the performance of the Council through the production of a distinct culture of compromise and community-method. The result, empirically demonstrated in a case study of the 1994 local elections directive, is a shared commitment to finding solutions, where membership in the collective decision-making process has become part of the rational calculus of defining and defending self-interests. These findings suggest the need to modify the 'hard bargaining' image of EU decision-making.

show abstract

Section: Wearing a Janus-facementioning

confidence: 99%

Section: Conclusion: Coreper As a Nucleus Of Communitymentioning

confidence: 99%

Is the ‘Hard Bargaining’ Image of the Council Misleading? The Committee of Permanent Representatives and the Local Elections Directive

Lewis

1998

J of Common Market Studies

293

119

View full text Add to dashboard Cite

show abstract

“…The most important example was the so-called Cassis de Dijon decision(1979).15 On this point see especiallyWeiler (1991).Eur J Law Econ (2009) 28:203-222 215 …”

mentioning

confidence: 98%

Constitutional courts as promoters of political centralization: lessons for the European Court of Justice

Vaubel

2009

Eur J Law Econ

View full text Add to dashboard Cite

show abstract

“…111 These terms hardly capture the wealth of political imagination that has gone into and continues to inform European integration, and what is more, they might be misleading in their respective exclusiveness and totality. 112 They do, however, already suffice to call into question the conceptual pair of harmonisation and regulatory competition when applied to explain and to illuminate the manifold faces of Europe's search of 'meaning and purpose'. 113 With a view to the degrees of European and international cooperation and coordination that have been characterised as multilevel governance, 114 one could be tempted to argue for a move from harmonisation and competition on to different degrees of regulatory coordination, cooperation, or interaction to overcome the above described shortcomings in the concepts of competition and harmonisation.…”

Section: A Harmonisation Competition and Integration As Narrativesmentioning

confidence: 99%

Spaces and Places: A Systems Theory Approach to Regulatory Competition in European Company Law

Zumbansen

2006

European Law Journal

View full text Add to dashboard Cite

: This article takes issue with the longstanding oppositional themes of harmonisation versus regulatory competition in European company law. Instead of embracing one approach over the other in exclusivity, the article draws attention to the persisting mixture of approaches to an emerging European‐wide law regulating the business corporation. Against the background of an ongoing struggle over identifying the goals and taboos of the European legislator's mandate in regulating the company, the argument put forward here is that this very struggle is reflective of the nature of the evolution of company law in an ‘integrating Europe and a globalising world’. European attempts of developing European company law as part of a larger initiative of improving the Union's potential for innovation and competition are thus likely to meet with the challenges that contemporary Nation States are facing when adapting their modes of regulation and representation to the demands of an increasingly complex and decentralised fields of market activities. Situating the law of the business corporation within the larger theme of European integration on the one hand, and of issues of market regulation, domestic, transnational, and international, on the other, suggests the adoption of a systems theory‐based approach to understanding the boundaries of law in this multilevel and multipolar process.

show abstract

The Transformation of Europe

Cited by 1,160 publications

References 0 publications

Is the ‘Hard Bargaining’ Image of the Council Misleading? The Committee of Permanent Representatives and the Local Elections Directive

Is the ‘Hard Bargaining’ Image of the Council Misleading? The Committee of Permanent Representatives and the Local Elections Directive

Constitutional courts as promoters of political centralization: lessons for the European Court of Justice

Spaces and Places: A Systems Theory Approach to Regulatory Competition in European Company Law

Contact Info

Product

Resources

About