Negative and Positive Integration in the Political Economy of European Welfare States

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Abstract
The process of European integration is characterized by a fundamental asymmetry which Joseph Weiler (1981) accurately described as a dualism between supranational European law and intergovernmental European policy-making. Weiler is also right in criticizing political scientists for having focused for too long only on aspects of intergovernmental negotiations while ignoring (or, at least, not taking seriously enough) the establishment, by judge-made law, of a European legal order that takes precedence over national law (Weiler 1994). This omission is all the more critical since it also kept us from recognizing the politically highly significant parallel between Weiler's dualism and the more familiar contrast ...

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