Preprints aus der Max-Planck-Projektgruppe Recht der Gemeinschaftsgüter 2001/16
The paper analyses how politics and adjudication answer similar questions in the context of policy making. It contrasts how societal problems are selected, defined, solved and legitimised by both disciplines. We raise these questions with regard to the liberalization of the European electricity markets. We reconstruct the decision-making process at the political and adjudicative arena taking place in this policy area. By so doing, we elaborate the differences and establish the links between politics and adjudication. We argue that what differentiates these two disciplines constitutes their very links; that is, the adjudicative and political arenas are linked precisely because they are different at various levels.