The Legal Mind of the Internal Market: A Governmentality Perspective on the Judicialization of Monitoring Practices

Abstract:

he purpose of this article is to contribute to the understanding of the broader effects of monitoring practices in the European Union. The empirical setting is Solvit, a Commission-initiated network tasked with informal resolution of misapplications of internal market directives by national authorities. All Member States must operate a Solvit centre within their administrations. Using a governmentality approach, the article investigates the normative underpinnings of the technologies deployed by Solvit and the experts which operate them. A survey study of the Solvit network shows the development of an EU identity and a cognitive judicialization which contributes to a depoliticization of issues. This allows Solvit to expand its remit from ex post monitoring to ex ante regulation. While a governance instrument can be designed for a delimited task, a governmentality approach highlights more general mechanisms by which such an instrument's influence and reach may be extended beyond its modest appearances.