How the court made a federation of the EU

@article{Josselin2007HowTC,  title={How the court made a federation of the EU},  author={Jean Michel Josselin and Alain Marciano},  journal={The Review of International Organizations},  year={2007},  volume={2},  pages={59-75},  url={https://api.semanticscholar.org/CorpusID:153687230}}
We analyze the European institutional integration that took place in the 1950s and 1960s as a two-stage process. Firstly, an explicitly political project aims at establishing a European political community. The project is abandoned in the mid-1950s and political integration stops. At that time, the institutions of the Union take the form of a confederation. In a second stage, because of the failure of the European political community, a legal process of integration driven by the European Court… 

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43 References

The European Court of Justice: promoter of european integration

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