IDEAS home Printed from https://ideas.repec.org/a/bla/jcmkts/v52y2014i3p461-478.html
   My bibliography  Save this article

The Legal Mind of the Internal Market: A Governmentality Perspective on the Judicialization of Monitoring Practices

Author

Listed:
  • Åsa Casula Vifell
  • Ebba Sjögren

Abstract

The purpose of this article is to contribute to the understanding of the broader effects of monitoring practices in the European Union. The empirical setting is Solvit, a Commission-initiated network tasked with informal resolution of misapplications of internal market directives by national authorities. All Member States must operate a Solvit centre within their administrations. Using a governmentality approach, the article investigates the normative underpinnings of the technologies deployed by Solvit and the experts which operate them. A survey study of the Solvit network shows the development of an EU identity and a cognitive judicialization which contributes to a depoliticization of issues. This allows Solvit to expand its remit from ex post monitoring to ex ante regulation. While a governance instrument can be designed for a delimited task, a governmentality approach highlights more general mechanisms by which such an instrument's influence and reach may be extended beyond its modest appearances.

Suggested Citation

  • Åsa Casula Vifell & Ebba Sjögren, 2014. "The Legal Mind of the Internal Market: A Governmentality Perspective on the Judicialization of Monitoring Practices," Journal of Common Market Studies, Wiley Blackwell, vol. 52(3), pages 461-478, May.
    • Handle: RePEc:bla:jcmkts:v:52:y:2014:i:3:p:461-478
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1111/jcms.12110
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. repec:bla:jcmkts:v:45:y:2007:i::p:45-66 is not listed on IDEAS
    2. J.H.H. Weiler, 1993. "Journey to an Unknown Destination: A Retrospective and Prospective of the European Court of Justice in the Arena of Political Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 31(4), pages 417-446, December.
    3. Mark Dawson, 2009. "Soft Law and the Rule of Law in the European Union: Revision or Redundancy?," EUI-RSCAS Working Papers 24, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
    4. Lisa Conant, 2007. "Review Article: The Politics of Legal Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 45(s1), pages 45-66, September.
    5. Marlene Wind, 2010. "The Nordics, the EU and the Reluctance Towards Supranational Judicial Review," Journal of Common Market Studies, Wiley Blackwell, vol. 48(4), pages 1039-1063, September.
    6. Michael Merlingen, 2011. "From Governance to Governmentality in CSDP: Towards a Foucauldian Research Agenda," Journal of Common Market Studies, Wiley Blackwell, vol. 49(1), pages 149-169, January.
    7. repec:bla:jcmkts:v:48:y:2010:i::p:1039-1063 is not listed on IDEAS
    8. Peter Miller, 2008. "Calculating Economic Life," Journal of Cultural Economy, Taylor & Francis Journals, vol. 1(1), pages 51-64, March.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Michelle Egan & Maria Helena Guimarães, 2017. "The Single Market: Trade Barriers and Trade Remedies," Journal of Common Market Studies, Wiley Blackwell, vol. 55(2), pages 294-311, March.
    2. Matteo Fiorini & Bernard Hoekman, 2017. "Economic Governance, Regulation and Services Trade Liberalization," RSCAS Working Papers 2017/27, European University Institute.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Iain White, 2020. "Rigour and rigour mortis? Planning, calculative rationality, and forces of stability and change," Urban Studies, Urban Studies Journal Limited, vol. 57(14), pages 2885-2900, November.
    2. Mia Kaspersen & Thomas Riise Johansen, 2016. "Changing Social and Environmental Reporting Systems," Journal of Business Ethics, Springer, vol. 135(4), pages 731-749, June.
    3. Martha Poon, 2009. "From New Deal institutions to capital markets: commercial consumer risk scores and the making of subprime mortgage finance," Post-Print halshs-00359712, HAL.
    4. Mennicken, Andrea & Miller, Peter & Samiolo, Rita, 2008. "Accounting for economic sociology," economic sociology. perspectives and conversations, Max Planck Institute for the Study of Societies, vol. 10(1), pages 3-7.
    5. Bjarke Refslund & Karen Jaehrling & Mathew Johnson & Aristea Koukiadaki & Trine Pernille Larsen & Christin Stiehm, 2020. "Moving In and Out of the Shadow of European Case Law: the Dynamics of Public Procurement in the Post‐Post‐Rüffert Era," Journal of Common Market Studies, Wiley Blackwell, vol. 58(5), pages 1165-1181, September.
    6. Clifford J. Carrubba & Matthew Gabel, 2005. "Do Governments Sway European Court of Justice Decision-making?: Evidence from Government Court Briefs," Working Papers 2005-06, University of Kentucky, Institute for Federalism and Intergovernmental Relations.
    7. Warren, Liz & Seal, Will, 2018. "Using investment appraisal models in strategic negotiation: The cultural political economy of electricity generation," Accounting, Organizations and Society, Elsevier, vol. 70(C), pages 16-32.
    8. Andreas Grimmel, 2011. "Integration and the Context of Law: Why the European Court of Justice is not a Political Actor," Les Cahiers européens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
    9. Samiolo, Rita, 2017. "Accounting, actorhood and actors: A comment on: Casting call: The expanding nature of actorhood in U.S. Firms, 1960–2010 by Patricia Bromley and Amanda Sharkey," Accounting, Organizations and Society, Elsevier, vol. 59(C), pages 21-26.
    10. Stef Wittendorp, 2016. "Unpacking ‘International Terrorism’: Discourse, the European Community and Counter-Terrorism, 1975–86," Journal of Common Market Studies, Wiley Blackwell, vol. 54(5), pages 1233-1249, September.
    11. Yang, ChunLei & Modell, Sven, 2015. "Shareholder orientation and the framing of management control practices: A field study in a Chinese state-owned enterprise," Accounting, Organizations and Society, Elsevier, vol. 45(C), pages 1-23.
    12. Lowe, Alan & Locke, Joanne & Lymer, Andy, 2012. "The SEC's retail investor 2.0: Interactive data and the rise of calculative accountability," CRITICAL PERSPECTIVES ON ACCOUNTING, Elsevier, vol. 23(3), pages 183-200.
    13. Botzem, Sebastian & Dobusch, Leonhard, 2017. "Financialization as strategy: Accounting for inter-organizational value creation in the European real estate industry," Accounting, Organizations and Society, Elsevier, vol. 59(C), pages 31-43.
    14. Joerges, Christian, 1997. "States Without a Market? Comments on the German Constitutional Court's Maastricht-Judgement and a Plea for Interdisciplinary Discourses," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 1, November.
    15. Williams, James W., 2013. "Regulatory technologies, risky subjects, and financial boundaries: Governing ‘fraud’ in the financial markets," Accounting, Organizations and Society, Elsevier, vol. 38(6), pages 544-558.
    16. Grimmel, Andreas, 2011. "Politics in robes? The European Court of Justice and the myth of judicial activism," Discussion Papers 2/11, Europa-Kolleg Hamburg, Institute for European Integration.
    17. Martha Poon, 2009. "From New Deal institutions to capital markets: commercial consumer risk scores and the making of subprime mortgage finance," Working Papers halshs-00359712, HAL.
    18. Mennicken, Andrea, 2010. "From inspection to auditing: audit and markets as linked ecologies," LSE Research Online Documents on Economics 27054, London School of Economics and Political Science, LSE Library.
    19. Natalie C. Brandenburg, 2017. "EU Mediation as an Assemblage of Practices: Introducing a New Approach to the Study of EU Conflict Resolution," Journal of Common Market Studies, Wiley Blackwell, vol. 55(5), pages 993-1008, September.
    20. William Phelan, 2008. "Why do EU Member States Offer a 'Constitutional' Obedience to EU Obligations? Encompassing Domestic Institutions and Costly International Obligations," The Institute for International Integration Studies Discussion Paper Series iiisdp256, IIIS.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:jcmkts:v:52:y:2014:i:3:p:461-478. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0021-9886 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.