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Understanding the Role of the European Court of Justice in European Integration
87
Citations
20
References
2012
Year
European LawEuropean Legal HistoryConstitutional LawLawEuropean Union LawAdministrative LawStone SweetInternational CourtPolitical ConstraintsDecision MakingCase LawEuropean Community LawInternational LawEuropean IssueComparative LawEuropean CourtConstitutional LitigationJusticePolitical Science
In 2008 we published an article finding evidence for political constraints on European Court of Justice (ECJ) decision making. Stone Sweet and Brunell (this issue) argue that our theoretical foundations are fundamentally flawed and that our empirical evidence supports neofunctionalism over intergovernmentalism “in a landslide.” We respectfully disagree with Stone Sweet and Brunell regarding both their conclusions about our theoretical arguments and what the empirical evidence demonstrates. We use this response to clarify our argument and to draw a clearer contrast between our and their perspective on the role the ECJ plays in European integration. Finally, we reevaluate their neofunctionalist hypotheses. Ultimately, we do not find support in the data for Stone Sweet and Brunell's empirical claims.
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