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"The autonomy of national legislatures in the European Union and MERCOSUR"

Duina, Francesco. (2001) "The autonomy of national legislatures in the European Union and MERCOSUR". In: UNSPECIFIED, Madison, Wisconsin. (Unpublished)

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    Abstract

    The impact of the common markets, and the European Union in particular, on the policy-making, administrative, judiciary, and territorial autonomy of nation states is to date fairly well explored. Less explored, by contrast, is the impact of common markets on the legislature of nation states. This paper proposes that common markets produce supranational law that displaces national legislatures as the traditional legislative bodies of the nation state. The displacement, however, varies in intensity across legislative arenas. An analysis of the legislative output of the EU and MERCOSUR for the years 1958-1999 and 1991-1999 respectively (a total of over 1,800 relevant laws were coded) reveals an interesting pattern to this displacement. Intense displacement occurs above all in arenas directly and, due to spillover, indirectly related to the trade of physical goods. These include the environment, transportation, and public health. But in other arenas, including labor, capital, and services, states retain significant substantive and institutional integrity. The protectionist tendencies of states in these arenas, along with the geopolitical and commercial nature of common markets, probably explain such limitations. The implications of these findings for state strength in spheres other then legislation are discussed.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > political affairs > governance: EU & national level
    EU policies and themes > External relations > regionalism, international
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > External relations > EU-Latin America
    EU policies and themes > EU institutions & developments > institutional development/policy > historical development of EC (pre-1986)
    Subjects for EU documents: UNSPECIFIED
    EU Series: UNSPECIFIED
    ["eprint_fieldname_eusries" not defined]: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2001 (7th), May 31-June 2, 2001
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 28 Mar 2007
    Page Range: p. 27
    Last Modified: 15 Feb 2011 17:21
    URI: http://aei.pitt.edu/id/eprint/2076

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