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"Mainstream legal scholarship on the European Community (EC) and the European Union (EU) has long been dominated by meta-narratives and grand theories to explain European legal integration as a necessary, if not self-evident, process toward ever greater integration. The directional pull of these functional narratives, whether termed as Europeanization, federalization, or constitutionalization, is one towards an ever-closer Union, thereby replicating the original teleology of the Rome Treaty (1957). Although there are theoretical differences among these explanations, notably between intergovernmental and neo-functionalist narratives, most scholars agree that one particular institutional actor has played an outsized role: the European Court of Justice (ECJ), now the Court of Justice of the EU (CJEU) since the Lisbon Treaty (2009) that includes the Court of Justice, the General Court. For the same reasons, the CJEU has become a coveted object of inquiry for studies of European integration and governance. We have for years learned about its role in constitutionalizing Europe, establishing the supremacy of European law, creating a system of supranational governance, and the new types of litigation and mobilization spurred by the ECJ"--
Sommario
1. From methodological shifts to EU law's embeddedness Mikael Rask Madsen, Fernanda G. Nicola and Antoine Vauchez; 2. 'In this beuraucratic silence EU law dies': fieldwork and the (non)-practice of EU law in national courts Tommaso Pavone; 3. How to nail down a cloud: CJEU's construction of jurisprudential authority from a network perspective Amalie Frese; 4. EU law mobilization: lessons from a bottom-up approach Jos Hoevenaars; 5. Litigation strategies and the political framing of EU law: exploring the archives of a trade union lawyer in the Viking and Laval cases Julien Louis; 6. Inquiring into conceptual practices: legal controversy at the Court of Justice of the European Union Vincent Réveillère; 7. Through the lens of language: uncovering the collaborative nature of Advocates General's opinions Karen McAuliffe, Liana Muntean and Virginia Mattioli; 8. A sense of common purpose: on the role of case assignment and the Judge-Rapporteur at the European Court of Justice Christoph Krenn; 9. Judge biographies as a methodology to grasp the dynamics inside the CJEU and its relationship with EU member states Vera Fritz; 10. The genesis of the institution within the institution: studying the mobilization for the creation of the Court of First Instance Lola Avril; 11. Re-constructing the construction of Laval: studying EU law as a social interpretive process Jens Arnholtz; 12. Judicially backed mutation: practices at the legal frontiers of the Eurozone crisis Nicholas Haagensen; 13. Media attention for CJEU case law: measurement, data collection, and analysis of case salience data Julian Dederke; 14. Embedding decoloniality in empirical EU studies Iyiola Solanke.
Info autore
Mikael Rask Madsen is a Professor of European Law and Integration, at the Faculty of Law, University of Copenhagen and Director and founder of iCourts, Centre of Excellence for International Courts. He has published widely on international law and institutions and his research has been recognized by a number of prizes, including the Elite Researcher Prize and the Carlsberg Research Prize.Fernanda G. Nicola is a Professor at American University Washington College of Law and she is a Permanent Visiting Professor at iCourts the Danish National Research Foundation's Centre of Excellence for International Courts. She is a co-editor of EU Law Stories: Contextual and Critical Histories of European Jurisprudence (Cambridge University Press, 2017).Antoine Vauchez is a CNRS Research Professor in political sociology and law at the Université Paris 1-Sorbonne and a Permanent Visiting Professor at iCourts the Danish National Research Foundation's Centre of Excellence for International Courts. He is currently Michael Endres Visiting Professor at the Hertie school of government in Berlin. His recent books explore the intersection between law, politics and democracy, including Brokering Europe. Euro-lawyers and the Making of a Transnational Polity (Cambridge University Press, 2015).
Riassunto
The book provides new methodological tools and approaches to the study of the European Court of Justice and its embeddedness in European society and economy. It introduces cutting-edge research in the fields of history, sociology, political science and linguistics to novel accounts of the actors and dynamics behind the Court.
