Conceptualizing the EU in Traditional Legal Research: How to Deal with Differentiated Integration after Pringle?

21 Pages Posted: 15 Dec 2016

See all articles by Niels Skovmand Rasmussen

Niels Skovmand Rasmussen

University of Southern Denmark - Department of Law; London School of Economics - Law Department

Date Written: December 2, 2016

Abstract

Following a period of increasing internationalization and globalization how should traditional legal scholars and students of EU law approach the process of European integration from a methodological perspective? This essay, located in the cross field between theory- building and legal practice, identifies a preliminary answer to this particular question by refining the legal dimension of Multi-level governance (MLG). This framework was originally introduced in political science by Gary Marks et al. in the early 1990’s to describe, and not explain, the functioning of the EU. In order to bridge the inherent gap between academic disciplines the article constructs a theoretical space along three axes (i.e. sovereignty, decision- making and arenas) where the EU is understood as both a political system and a legal system. Based on a comparative method, the paper then applies the MLG framework to a hard legal case, namely the European Stability Mechanism (ESM) that has given rise to a number of constitutional and substantive law issues addressed by the CJEU in C-370/12, Pringle. This includes the uneasy relationship between the ESM and the No-bail out clause in art. 125 TFEU. On this basis, it is concluded that MLG not only describes some factual characteristics of the EU but also provides a particularly useful analytic tool when confronted with differentiated integration in legal research.

Suggested Citation

Skovmand Rasmussen, Niels, Conceptualizing the EU in Traditional Legal Research: How to Deal with Differentiated Integration after Pringle? (December 2, 2016). LSE Legal Studies Working Paper No. 23/2016. Available at SSRN: https://ssrn.com/abstract=2879576 or http://dx.doi.org/10.2139/ssrn.2879576

Niels Skovmand Rasmussen (Contact Author)

University of Southern Denmark - Department of Law ( email )

Denmark

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
82
rank
295,337
Abstract Views
518
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information