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    The Law in Political Integration
    The Law in Political Integration
    The Law in Political Integration
    Ebook120 pages1 hour

    The Law in Political Integration

    By Stuart A. Scheingold

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    The classic 1971 study of how law and politics combine to predict a future for European integration, in what would become the EU. Scheingold analyzes the early data and reasons that law and regional integration will lead the future of the Union, not a U.S.-style constitutional development of federalism. It remains a fascinating window on the origins of the EU, plus a new Foreword by Joerg Fedtke.

    LanguageEnglish
    PublisherQuid Pro, LLC
    Release dateMay 14, 2011
    ISBN9781610270359
    The Law in Political Integration
    Author

    Stuart A. Scheingold

    Professor of Political Science at the University of Washington, Dr. Scheingold is the renowned author of such classic books as 'The Politics of Rights' and 'The Political Novel.'

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      Book preview

      The Law in Political Integration - Stuart A. Scheingold

      FOREWORD

      by

      Ernst B. Haas

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      2011 Foreword by Jörg Fedtke

      ABOUT THE AUTHOR

      Stuart A. Scheingold (1931-2010) taught generations of students as a Professor of Political Science at the University of Washington, and was an internationally recognized scholar on topics as diverse as street crime, the myth and reality of legal rights, punishment, political integration, activist lawyers, and political fiction. He wrote or edited 15 books and numerous articles and essays. His 1974 book The Politics of Rights: Lawyers, Public Policy, and Political Change is considered an essential part of socio-legal study, praised by Berkeley’s Malcolm Feeley as the best single book on law and politics in the United States. He was quite simply one of the world’s leading commentators on law and politics, notes Amherst College’s Austin Sarat.

      Dr. Scheingold received his Ph.D. from Berkeley and taught at the University of Wisconsin and the University of California at Davis before joining the Washington faculty in 1969. He was previously a Social Science Research Council Fellow and a Research Associate at the Center for International Affairs of Harvard University. His published writings include The Rule of Law in European Integration: The Path of the Schuman Plan (1965) and Europe’s Would-Be Polity: Patterns of Change in the European Community (with Leon N. Lindberg, 1970). He was also a contributor to and coeditor (with Lindberg) of Regional Integration: Theory and Research (1971). He published The Politics of Law and Order: Street Crime and Public Policy in 1984 (with 2011 edition by Quid Pro Books). Later, he coauthored with Sarat an acclaimed series on cause lawyering; most recently, Scheingold published The Political Novel: Re-Imagining the Twentieth Century (Continuum, 2010).

      An active member of the Law & Society Association, he became a member of the editorial board of Law & Society Review; his own articles appeared in such journals as Stanford Law Review, Journal of Politics, Annals of the American Academy of Political and Social Sciences, American Political Science Review, and The Nation. In 2001, the Law & Society Association awarded Dr. Scheingold the Harry J. Kalven Jr. Prize for distinguished contributions to socio-legal scholarship, observing that his intellectual legacy is both broad and deep. Three years later, the American Political Science Association presented him with the Law and Courts Lifetime Achievement Award. In 2009, the University of Washington established the Stuart A. Scheingold Professorship of Social Justice in his honor.

      Stuart Scheingold is shown with his wife Lee Scheingold in a photograph taken in 2005 by Steve Ellsworth and used with his permission.

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      FOREWORD

      (TO THE 2011 EDITION)

      Europe has changed dramatically since this volume by Stuart A. Scheingold first appeared in 1971. Even a brief summary of these past 40 years would by far exceed the limits of a foreword. But readers interested in the profound political and legal metamorphosis that has taken place on the other side of the Atlantic can catch a glimpse of this dynamic by considering the following selected milestones in the journey from European Economic Community (EEC) to European Union (EU): the introduction of direct elections to the European Parliament in 1979 and the increasing influence of European legislation on its Member States ever since;¹ the signing of the Schengen Agreement in 1985, which has simplified the free movement of persons and goods by dismantling many border controls across Europe; the creation of the Monetary Union in 1992 and birth of the Euro as a common currency for 17 Member States a decade later; the proclamation of a Charter of Fundamental Rights in 2000, which has recently been upgraded to a justiciable bill of rights with Treaty status; and, finally, the gradual accession of 21 sovereign nations between 1973 and 2007, turning the cozy Club of Six into a complex system of 27 countries with a combined population of close to 500 million citizens on both sides of what was once the Iron Curtain.

      Most of these changes would have had a utopian quality for the first audience of this book. And many contemporary readers will argue that they remain utopia even today simply because the EU will not be able to withstand the pressures that such a culturally, legally and economically diverse collection of societies must inevitably create. To such skeptics, the crisis of the Euro (and rumors that Greece might return to its own currency), tensions over immigration (leading to increased vigilance at Europe’s internal frontiers), and recurring disputes over foreign policy issues (sidelining the EU’s High Representative for Foreign and Security Policy) are indications that the European project may have reached its peak with the Treaty of Lisbon and is now heading downhill.

      I disagree. Given the sheer size and economic potential of Europe’s global competitors, any Member State going solo would soon be little more than a pebble on the beach. This is as true for Malta (with less than 500,000 citizens) as it is for Germany (the world’s fourth largest economy in 2010). The combined GDP of the 27, however, outweighs that of the United States, China, or Japan, and will enable the EU to protect its interests in the global economic arena for the foreseeable future. A market of 500 million fairly affluent consumers cannot be ignored even by giants such as Microsoft or Google – only two of the many multinational enterprises that have been forced to adapt their products to European specifications. And European legislation – be it antitrust regulation, data protection principles, or environmental law – is beginning to influence the rest of the world, challenging the dominance that American solutions have customarily enjoyed since the end of World War II.

      The most striking asset of this strange European Union, however, is precisely the diversity that so many regard as its Achilles’ heel. The EU resembles the crew of the spaceship Enterprise, with Member States bringing very different cultural, political and economic strengths to the table – be it Germany’s technological skills, the UK’s political reach via the Commonwealth, Portugal’s special relations with Brazil, or – if it ever were to be admitted to the Union – Turkey’s unique role as a cultural and religious bridge between Orient and Occident. If this brief assessment at a time of crisis is correct, the European Union is here to stay and will, indeed, have an even more important role to play in the future.

      In order to understand this future, it is crucial to appreciate the origins of the European enterprise. It is here that The Law in Political Integration opens a small but interesting window to the past. The size and functions of the European Union have expanded considerably since 1971; it has changed its name and organizational structure several times over the past four decades; and even seasoned scholars in the field struggle with the frequent internal renumbering of its foundational treaties. All of this the contemporary reader of the study must take into account. But the core questions raised by Professor Scheingold remain surprisingly topical despite the passage of time.

      As suggested by the author, the European Court of Justice has over the past decades shaped the constitutional reality of Europe – much like a parent, this institution has like no other given legal direction to the political process of European integration. While this phenomenon is by now well documented, much less is known about the impact of the Court’s rulings on daily legal and political practice. To quote Professor Scheingold:

      [T]he problem … is to reach beyond the words of the judgments to behavior patterns developing in the

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