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Edited by: Mark Arnold KC, Simon Mortimore KC
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The Transformation or Reconstitution of Europe: The Critical Legal Studies Perspective on the Role of the Courts in the European Union (eBook)

Edited by: Tamara Perisin, Sinisa Rodin

ISBN13: 9781509907274
Published: February 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £31.49
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It is impossible to overstate the impact of European Union Law on the national legal orders of its Member States. Supremacy and direct effect have empowered individuals and granted them rights based on EU law that national courts must protect. This has impacted on legal reasoning and has given rise for the need to rethink its methodology.

This innovative new study suggest that critical legal studies (CLS), prevalent in the jurisprudence of the United States, could provide the methodological tools required to gain a fresh perspective on the role of the European Courts. The examination takes a four part approach: starting with the how judges make decisions and how policy and ideology impact on that process. It then (through the lens of CLS) explores the substantive aspects of EU law. Part three looks at the selection process of judges. The collection concludes with an assessment of the impact of the academic discourse and its role in influencing practising lawyers in the field.

This exciting new work offers a fresh, critical perspective on judges and the operation of justice in the EU.

Subjects:
EU Law, eBooks
Contents:
Part I: Introduction
1. Transformation or Reconstitution of Europe: The European Critical Legal Studies Perspective
Siniša Rodin and Tamara Perišin
Part II: Adjudication and the Transformation of Law and Society
2. On Textualist and Purposivist Interpretation (Challenges and Problems)
Pierre Schlag
3. Proportionality and ‘Deference’ in Contemporary Constitutional Thought
Duncan Kennedy
Part III: The Role of the ECJ in the Transformation or Reconstitution of Europe
4. Discovering the Law of the EU: The European Court of Justice and the Comparative Law Method
Koen Lenaerts
5. Ideology and Legal Reasoning at the European Court of Justice
Tamara Capeta
6. Judicial Appointments, Judicial Independence and the European High Courts
Mitchel de S-O-l’E Lasser
Part IV: Substantive Law of the EU and the Transformation of Europe
7. Transformation or Reconstitution of National Regulatory Policies at the EU Level: Insiders and Outsiders under Free Movement Rules
Tamara Perišin
8. Useful Effect of the Framework Decision on the European Arrest Warrant
Siniša Rodin
Part V: Academic Discourse and the Transformation of Europe
9. Reflections on European Legal Formalism
Pieter-Augustijn Van Malleghem
10. Legal Scholarship and External Critique in EU Law
Daniela Caruso and Fernanda Nicola