Alec Stone-Sweet, The Judicial Construction of Europe (2004), Chapter 2.

Main Argument: Stone Sweet looks at the development of the European Commission’s (EC) judicial capacity to make and enforce the legal rules that it produces.  The author states that the activities of market actors, lobbyist, legislators, and judges are connected to each other, both directly and through feedback loops. Additionally, more trade would produce more litigation. [55] The constitutionalisation of the Treaty of Rome was a necessary condition between transnational exchange and various modes of supranational governance.

Method: Looks at the 16 policy domains of the EC that is subject to the judiciary’s jurisdiction
== Notes ==
Findings: [60-63]
– Trading, legislating, and lobbying grew over time along similar paths
– Market integration and construction of the legal system have been mutually reinforcing processes
– EC legislative activity was linked to litigation
– Growth in EC legislative activity attracted interest groups
– Trading and legislating in the EC are strongly correlated
– Market structures oriented themselves to the new EU institutions
Constitutionalisation:
– The process by which the Rome Treaty evolved from asset of legal arrangements to a binding agreement that vertically integrated legal regimes of sovereign states [65]
– The doctrine of supremacy states that when national and EU laws are in conflict, EC is supreme  this was strengthened over time [9]8