chapter  9
14 Pages

The Double Fragmentation of Law

Legal System-Internal Differentiation and the Process of Europeanization
ByJennifer Hendry *

The Europeanization of law process can be considered an interactive one, meaning that both the process and any results generated by it be they intentional or unforeseen, occurring at either domestic or European Union (EU) level are retained within the operations of that process and continue to inform it. An important and appealing feature of the concept 'Europeanization' is that it connotes a process without proscribing or conditioning the outcome of that process in essence, this alternative narrative not only avoids the instrumentalism inherent to Integration through Law but also manages to operationalize the indeterminacy within the European undertaking. Much of the literature on the concept of epistemic community comes from the field of political science. This chapter illustrates 'double fragmentation' thesis provides for an understanding of the legal integration process within the EU as one premised upon the maintenance of a unity/diversity balance.