"The European Court of Justice in a Policy Perspective"

Wincott, Daniel. (1995) "The European Court of Justice in a Policy Perspective". In: UNSPECIFIED, Charleston, South Carolina. (Unpublished)

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Abstract

[From the introduction]. In the past few years the Court of Justice has come to be a subject of analysis in the political science literature( Burley and Mattli 1993, Volcansek 1992, Weiler 1993, Werler 1994, Alter and Meun~er-Aitsahalia 1994; Garrett 199 1, Garrett and Weingast 1993) There is, however, little agreement on methodology or theory, the definition of the dependent varrable or the general evaluation of the importance of the Court. In this developing debate. At one extreme some studies are undertaken in a rationalist/realist mood, use economic integration as the dependent variable and generally attribute a rninlrnal (independent) role to the Court (Garrett 1992; Garrett and Weingast 1993); at another, a neo-functional theory explarns 'legal rntegratron' and depicts the Court in an 'engineering' role (Burley and Mattli 1993). Some studies occupy the space between these extremes. This paper will present an account of the Court of Justice, from a policy perspective, initially developing the analysis in general terms, then turning to a series of case studies of the role of the Court in substantive policy-making, and finally, by way of conclusion, a critique of some of the most rnfluential artlcles in this area will be presented. This paper will not directly conslder the process of 'constitutionalizing' the Treaty of Rome. I have provided an account of this process elsewhere, again from a broad policy and institutionalist perspective (Wincott 1995).

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