The Uniting of Europe by Transclusion
Andreas Grimmel has published an article in Journal of European Integration, arguing that the law itself, as a distinct context shaped by specific, practical rules and concepts, creates an impetus for integration.
‘Political science has discovered the European Court of Justice,’ as Armstrong notes in an article published 15 years ago, ‘[b]ut has it discovered law?’ Today, the answer to this question is an ambivalent one. Although political science has developed a certain sense of the structural necessities arising from the rules of law and the complexity of the judicial process in a multilevel governance system, it still lacks an approach that conceptualizes it as a selfcontained framework of integration. Here, it will be argued that a contextualist approach could fill this gap in current research. From this perspective, the law itself — not, first and foremost, its most prominent actors — propels integration through a phenomenon that could be best described as a three-dimensional transclusion of the European legal order.
Andreas Grimmel was guest researcher at ARENA during the academic year 2012/2013 when working with this article.
'The Uniting of Europe by Transclusion: Understanding the Contextual Conditions of Integration Through Law'
Journal of European Integration, vol. 36, no. 6, 2014, pp. 549-66