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Constructing a Supranational Constitution: Dispute Resolution and Governance in the European Community

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  • Sweet, Alec Stone
  • Brunell, Thomas L.

Abstract

We present a theory of European legal integration that relies on three causal factors: transnational exchange, triadic dispute resolution, and the production of legal norms. After stating the theory in abstract terms, we explain the construction of the legal system and test the relationship among our three variables over the life of the European Community. We then examine the effect of the EC legal system on policy outcomes at both the national and supranational levels in two policy domains: the free movement of goods and gender equality. Our theory outperforms its leading rival, intergovernmentalism. The evidence shows that European integration has generally been driven by transnational activity and the efforts of EC institutions to reduce transaction costs, behavior which governments react to but do not control.

Suggested Citation

  • Sweet, Alec Stone & Brunell, Thomas L., 1998. "Constructing a Supranational Constitution: Dispute Resolution and Governance in the European Community," American Political Science Review, Cambridge University Press, vol. 92(1), pages 63-81, March.
    • Handle: RePEc:cup:apsrev:v:92:y:1998:i:01:p:63-81_20
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    Cited by:

    1. Zglinski, Jan, 2023. "The end of negative market integration: 60 years of free movement of goods litigation in the EU (1961–2020)," LSE Research Online Documents on Economics 117599, London School of Economics and Political Science, LSE Library.
    2. Erik Jones & Niels van der Bijl, 2004. "Public Opinion and Enlargement," European Union Politics, , vol. 5(3), pages 331-351, September.
    3. Lampach, Nicolas & Wijtvliet, Wessel & Dyevre, Arthur, 2020. "Merchant hubs and spatial disparities in the private enforcement of international trade regimes," International Review of Law and Economics, Elsevier, vol. 64(C).
    4. Höpner, Martin & Schäfer, Armin, 2010. "Polanyi in Brussels? Embeddedness and the three dimensions of European economic integration," MPIfG Discussion Paper 10/8, Max Planck Institute for the Study of Societies.
    5. Mondré Aletta & Neubauer Gerald & Helmedach Achim & Zangl Bernhard, 2010. "Uneven Judicialization: Comparing International Dispute Settlement in Security, Trade, and the Environment," New Global Studies, De Gruyter, vol. 4(1), pages 1-34, August.
    6. Dyevre, Arthur & Lampach, Nicolas, 2018. "The origins of regional integration: Untangling the effect of trade on judicial cooperation," International Review of Law and Economics, Elsevier, vol. 56(C), pages 122-133.
    7. Orcalli, Gabriele, 2017. "Market Building through Regional Integration Agreements : The EU and the ASEAN Way," Journal of Economic Integration, Center for Economic Integration, Sejong University, vol. 32(1), pages 160-192.
    8. Pauls, Scott D. & Cranmer, Skyler J., 2017. "Affinity communities in United Nations voting: Implications for democracy, cooperation, and conflict," Physica A: Statistical Mechanics and its Applications, Elsevier, vol. 484(C), pages 428-439.
    9. Tridimas, George & Tridimas, Takis, 2004. "National courts and the European Court of Justice: a public choice analysis of the preliminary reference procedure," International Review of Law and Economics, Elsevier, vol. 24(2), pages 125-145, June.

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