18 Europeanization of Public Law
Edited By: Sabino Cassese, Armin von Bogdandy, Peter Huber
This chapter introduces the notion of the Europeanization of public law and its various perceptions in legal scholarship and research. It begins by outlining the different ways in which the notion of Europeanization may be understood and conceptualized. It then critically examines the empirical, top-down study of Europeanization, before moving on to the complex picture of the traffic in legal solutions and ideas in Europe today. The chapter then turns to a different approach towards Europeanization: from the empirical to a normative and constructive vision of what European public law ought to become, and in addition stressing the importance of comparative legal scholarship for such a vision of European public law. Finally, the chapter outlines the vexing issues arising out of the condensed and massive case study in Europeanization in the form of the Eastern enlargement of the EU, and provides some concluding remarks.