"The Birth, Life and Death of a Proposal: The Ill-fated Services Draft"

Shaw, Jo. (1995) "The Birth, Life and Death of a Proposal: The Ill-fated Services Draft". In: UNSPECIFIED, Charleston, South Carolina. (Unpublished)

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Abstract

This paper examines the 'birth, life and death' of the proposal on the liability of suppliers of services (SSD), drawing on research which is still in progress and is therefore partially incomplete. However, my preoccupation is not solely with a better understanding of the dynamics of EC consumer policy-making, but with some rather larger questions which are just beginning to emerge out of the research. The first is primarily methodological in nature and concerns the general weaknesses of most 'legal' or 'lawyers" approaches to the policy processes of European integration. This is clearly a large question, but one which is increasingly well documented. I can therefore take it as read that the space exists for the development of new voices which articulate models of the European legal order, of the legal dynamics of the policy processes, and of the legal dynamics of the institutions, in particular the Court of Justice. My own objective is much more modest: it is simply to make a contribution through this research to the development of a voice which might be termed 'socio-legal' in a broad sense. My second preoccupation operates within these methodological constraints, and is an attempt to focus on the various actors within the policy process, to understand how and why they choose to act in particular ways, what differences their choices make, and so on.

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