2008, Volume 14, N°2 - Centre d'études et de recherches ...

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JOURNAL OF EUROPEAN INTEGRATION HISTORY REVUE D’HISTOIRE DE L’INTÉGRATION EUROPÉENNE ZEITSCHRIFT FÜR GESCHICHTE DER EUROPÄISCHEN INTEGRATION Editorial notice 2008, Volume 14, Number 2 N. Piers Ludlow, coordinator Articles for inclusion in this journal may be submitted at any time. The editorial board will then arrange for the article to be refereed. Articles should not be longer than 6000 words, footnotes included. They may be in English, French or German. Articles submitted to the Journal should be original contributions and not be submitted to any other publication at the same time as to the Journal of European Integration History. Authors should retain a copy of their article. The publisher and editors cannot accept responsibility for loss of or damage to authors’ typescripts or disks. The accuracy of, and views expressed in articles and reviews are the sole responsibility of the authors. Authors should ensure that typescripts conform with the journal style. Prospective contributors should obtain further guidelines from the Editorial Secretariat. Articles, reviews, communications relating to articles and books for review should be sent to the Editorial Secretariat. Citation The Journal of European Integration History may be cited as follows: JEIH, (Year)/(Number), (Page). ISSN 0947-9511 © 2008 NOMOS Verlagsgesellschaft, Baden-Baden and the Groupe de liaison des professeurs d’histoire contemporaine auprès de la Commission européenne. Printed in Germany. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, mechanical, photocopying, recording or otherwise, without prior permission of the publishers.
Introduction 5 Introduction N. Piers LUDLOW The process of European integration has always been a legal endeavour as well as a political and economic one. The creation of European institutions, the setting of policy aims, and the allocation of costs and responsibilities between the member states has been carried out by means of legal treaty from the 1951 Treaty of Paris onwards. The principal output of the European Community system has been an enormous volume of law. And the internal culture of the European entities has been deeply affected by the legal background of many of their employees. The pun that did the rounds in Brussels in the late 1980s claiming that those who worked for the European institutions were “a people of de law (Delors)” pointed to an important truth. Historians have, however, been strangely reluctant to engage with this reality. The vast majority of books and articles on the Community’s past pay little attention to the activities of the European Court of Justice or to developments in European law. Moreover, when integration historians have felt brave enough to look beyond the boundaries of their discipline and discuss the work of other approaches to European integration, their attention has almost always been directed towards political scientists and occasionally economists rather than lawyers. The voluminous literature on five decades of European law has been left largely unread. The first four articles in this issue of the journal were presented to a conference in Copenhagen in 2007 specifically convened to address this gap in historical knowledge. Anne Boerger-De Smedt draws upon her detailed knowledge of the Treaty of Paris negotiations to explain the birth of the ECJ. This process was far from straight-forward. Jean Monnet had not originally foreseen a powerful court and was in fact highly wary about a “gouvernement des juges”. Controversies also erupted over the remit of the Court, its composition, and the question of whether it should be a permanent institution. It would hence take a combination of the Benelux governments’ desire to limit the potential dominance of the High Authority, the Federal Republic’s emphasis on the need for a constitutional court, and Maurice Lagrange’s borrowing from the French administrative law tradition, to bring a soon-to-be powerful legal entity into being. Jerôme Wilson meanwhile discusses the personal interconnections and networks which linked the legal pioneers. He highlights, for instance, the importance of the Institut international des sciences administratives (IISA) as a mechanism for bringing together several of those who would exercise the greatest influence over the early development of European law. Wilson also discusses the interplay between the international law and the administrative law traditions in the emergence of European law. Bill Davies’ piece shifts the chronological focus to the 1960s, the period of the ECJ’s pioneering Van Gend en Loos and Costa vs ENEL judgements. The aim of Davies’ article is to investigate the profoundly ambivalent reaction of the German
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Der Perzeptionswandel „Europas“
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197 Abstracts - Résumés - Zusamme
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Abstracts - Résumés - Zusammenfas
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Notices - Informations - Mitteilung
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207 Contributors - Auteurs - Autore
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209 Books received - Livres reçus
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2008, Volume 14, N°2 - Centre d'études et de recherches ...

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