Procedure as Response to the Institutional Crisis in the Union. Some Skeptical Observations
Cadiet, Loïc
Procedure as Response to the Institutional Crisis in the Union. Some Skeptical Observations - 2016.
39
While procedure is sometimes presented as a response to the institutional crisis in the EU, this presentation should be limited. First, what crisis are we talking about? Assuming that the crisis exists, the answer is not only a procedural one, and this response, which is more related to jurisdictionalization than to proceduralization, has an important constitutional dimension, in other words, a political one. As a matter of fact, in another read of proceduralization, it is conceivable that it could be seen, not as a substitute for the failing political integration of Europe, but a vector for marketization of justice itself, a legal market behind the screen of the Union of Law, in which judgments must move as freely as goods and services.
Procedure as Response to the Institutional Crisis in the Union. Some Skeptical Observations - 2016.
39
While procedure is sometimes presented as a response to the institutional crisis in the EU, this presentation should be limited. First, what crisis are we talking about? Assuming that the crisis exists, the answer is not only a procedural one, and this response, which is more related to jurisdictionalization than to proceduralization, has an important constitutional dimension, in other words, a political one. As a matter of fact, in another read of proceduralization, it is conceivable that it could be seen, not as a substitute for the failing political integration of Europe, but a vector for marketization of justice itself, a legal market behind the screen of the Union of Law, in which judgments must move as freely as goods and services.
Réseaux sociaux