The Margins of European Law
The Margins of European Law attempts to provide a critical and sceptical approach to European law. The related themes of the book attempt to introduce a historical and theoretical context for European law. Ultimately, it is suggested that the new European
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Also by Ian Ward A CRITICAL INTRODUCTION TO EUROPEAN LAW LAW AND LITERATURE: Possibilities and Perspectives
The Margins of European Law Ian Ward
Professor of Law University of Dundee
first published in great Britain 1996 by
MACMILLAN PRESS LTD
houndmills, Basingstoke, hampshire rg21 6Xs and london Companies and representatives throughout the world a catalogue record for this book is available from the British library.
ISBN 978-0-333-67012-5 DOI 10.1057/9780230376144
ISBN 978-0-230-37614-4 (eBook)
first published in the united states of america 1996 by ST. MARTIN’S PRESS, INC., scholarly and reference Division, 175 fifth avenue, new York, n.Y. 10010 library of Congress Cataloging-in-publication Data ward, ian, 1963– the margins of european law / ian ward. p. cm. includes bibliographical references and index. 1. law—european economic Community countries. 2. europe– –economic integration. i. title. KJe947.w37 1996 341.24'22—dc20 96–15989 Cip © ian ward 1996 Softcover reprint of the hardcover 1st edition 1996 978-0-333-67011-8 all rights reserved. no reproduction, copy or transmission of this publication may be made without written permission. no paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and patents act 1988, or under the terms of any licence permitting limited copying issued by the Copyright licensing agency, 90 tottenham Court road, london w1p 9he. any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. 10 05
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For Clare
Contents ix
Preface
xiii
Acknowledgements Part I
Scepticism, History a n d the Idea of E u r o p e
1
Raising the Spectre of Scepticism
2
A Brief History of E u r o p e
Part II
T h e Limits of Constitutionalism
1 3 23 49
3
T h e Myth of Integration
51
4
T h e Limits of E u r o p e a n Integration
70
5
(Pre) c o n c e p t i o n s in E u r o p e a n Law
86
Part HI
At the Margins of E u r o p e a n Law
105
6
The Other Europeans
7
T h e Limits of Sex Equality Law in the New E u r o p e 126
8
H u m a n Rights in the New E u r o p e a n U n i o n
Part IV 9
107
Reprise a n d Envoi
142 159
E u r o p e a n d Beyond
161
Case List
181
References
182
Index
195
vn
Preface This is a book about the 'other' bits of European law. These are the bits which are all too easily ignored in contemporary studies of European law, all too easily marginalised. At the same time, and this is certainly no coincidence, this is the law which tends to relate most immediately to the individual in today's Europe. As its title hopes to convey, this is not a book about mainstream European law. The pretended formalism of mainstream European law, such as competition, free movement and agriculture, has already been successfully debunked (Snyder, 1990). This book does not devote itself to mainstream European law matters, and neithe
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