Le droit communautaire – c’est moi !”: Statsmonopol, national ret og euro-integrationisme i tiden efter Danmarks indtræden i EF

Abstract

“Le droit communautaire – c’est moi !“ – State monopoly, national law and euro-integration ism in the time following the Danish accession to the EC. The Danish accession to the European Communities 1973 provides – together with the cases of Ireland and the UK – a first example of how more than 20 years of accumulated legal canon from the EC could be integrated en bloc into the national legal spaces. Community law, constructed as a legal form sui generis on the European legal field during the 1950s and 1960s, contain fundamental, legal logical discrepancies to national law. Moreover, few legal actors in Denmark had practical knowledge within the area, leaving them prone to considering this new form of law a threat to their old positions in the legal field. In this article, I will show how the traditional symbolic hierarchies in Danish law were amalgamated following the accession in a process where the central administration won terrain relative to practitioners and judges concerning the right to define community law in Denmark.