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社会領域における「法を通じた統合」の限界 : 共同体法システムとECJの権力の源泉

The Limit of Integration The Limit of Integration-Through-Law in the Social Field : Community legal system and the ECJ's authority

Japanese (日本語)

Intercultural Studies Review

29

84-108

神戸大学大学院国際文化学研究科

2016-03-20

2016-03-07

This paper analyzes the role played by the European Court of Justice (ECJ) in the process of European integration. From the perspective of “Integration-Through-Law” (ITL), the integration process has been led by pivotal rulings by the ECJ. ITL suggests the possible spill-over from economic integration toward political integration by the push of judicial authority. In this paper, however, it is argued that there are crucial limits on the exercise of judicial power, which originate from the institutional conditions that have enabled the ECJ to achieve the constitutionalization of Community law. These limits have been revealed in Viking and Laval cases that have destabilized the balance between economic rights of freedom and fundamental rights in the European Union. To indicate these limits, this paper starts from analyzing issues posed by the ITL: the effect of constitutionalization in economic integration, and the scope of ECJ’s power as a trustee. In this first section, although the ECJ has a considerable zone of discretion, it is argued that there are strictures on its use. The next section is dedicated to examine ECJ’s approach to establish rights in the social field at the Community level. This part demonstrates that the ECJ consistently controls itself for complying with the conditions on the use of its expansive reading of the Treaty. In the final section, it is discussed that the outcomes of Viking and Laval resulted from these conditions and the emerged trade-off among these conditions indicates the limit of the integration model provided by the ITL.

紀要論文