1. European Law Made Local: a case of the Roma in France and the UK.
- Author
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Squatrito, Theresa
- Subjects
- *
LEGAL status of minorities , *JUSTICE administration , *GOVERNMENT policy , *CIVIL society ,EUROPEAN law - Abstract
European legal institutions have recognized legal protections for minority groups across Europe. These legal protections and other transnational legal norms increasingly define and shape domestic legal systems. Equally important to this dynamic, is the growing number and strength of civil society organizations that utilize international courts and law to bring domestic policy reforms. This process of internalization, by which international law becomes integrated, enforceable and meaningful within the domestic legal order, is increasingly determined by a dynamic interaction between international courts and civil society organizations. While many scholars have focused on the growing legalization of world politics, few have focused on the domestic effects of this process. Further, the role of civil society in the domestic internalization of international law remains virtually ignored. In this paper, I examine the conditions under which international law becomes institutionalized in domestic politics. In particular, if, how and why domestic politics and civil society shape the degree to which international law becomes integrated, enforceable and meaningful within domestic legal and political systems. To carry out this analysis, I explore the linkages between civil society, transnational law and its integration into domestic politics, focusing on anti-discrimination law of the European Union and the Council of Europe. I examine the process of internalization in the context of Roma housing rights in France and the UK. The three conditions that I explore are institutional fit, activism of state actors and civil society. I argue that the degree to which European law becomes internal to domestic law is driven by European-minded social actors who mobilize European legal norms and lead state actors to provide "surveillance" over the application of European law. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2008