The European Commission and the law-making process: compromise as a category of praxis?,
University of Exeter
International Journal of Law in Context
Cambridge University Press
Understanding law-making requires coming to grips with cognitive schemas, practical wisdom of agents involved in the production of law, as agents may interpret or apply the law according to socially accepted mental schemas developed as a result of socialisation in families, schools, universities and other social settings or in the course of exchange in professional settings. A case study on the conduct of officials of the European Commission seeks to illustrate this point. This looks at tacit understandings regulating the conduct of officials of the European Commission, engaging in the production of a legal proposal or in the implementation of a legal measure. Such interaction may be successful, or less successful, depending on how contentious a legal file is, but is underlined by certain understandings, particular norms of conduct, as to how things are get done. In uncovering shared understandings, the article looks at modes of co-operation in working parties and shared files, promotion procedures, mobility, and how reputation is valued and acquired. The thesis advanced is of important cognitive schema, anthropological category of praxis, regulating the law-making process inside the European Commission is compromise.
Article available on Cambridge Journals Online
International Journal of Law in Context (2005), 1:2:155-182