Screen LibraryResearching the European Court of Justice : methodological shifts and law's embeddedness /
"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 thes...
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| Group Author: | ; ; |
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| Published: |
Cambridge University Press,
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| Publisher Address: | Cambridge, United Kingdom : |
| Publication Dates: | 2022. |
| Literature type: | Book |
| Language: | English |
| Series: |
Studies on international courts and tribunals. |
| Subjects: | |
| Summary: |
"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"-- |
| Carrier Form: | xiv, 374 pages : illustrations ; 24 cm. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9781316511299 1316511294 9781009055154 1009055151 |
| Index Number: | KJE5461 |
| CLC: | D950.62 |
| Call Number: | D950.62/R432 |
| Contents: |
From methodological shifts to EU law's embeddedness / "In this beaucratic silence EU law dies" : fieldwork and the (non)-practice of EU law in national courts / How to nail down a cloud : CJEU construction of jurisprudential authority from a network perspective / EU law mobilization : lessons from a bottom-up approach / Litigation strategies and the political framing of EU law. Exploring the archives of a trade union lawyer in the Viking and Laval cases / Inquiring into conceptual practices : legal controversy at the court of justice of the European Union / Through the lens of language : uncovering the collaborative nature of advocates general's opinions / A sense of common purpose : on the role of case assignment and the judge-rapporteur at the European Court of Justice / Judge biographies as a methodology to grasp the dynamics inside the CJEU and its relationship with EU member states / The genesis of the institution within the institution : studying the mobilization for the creation of the Court of First Instance / Re-constructing the construction of Laval : studying EU law as a social interpretive process / Judicially-backed mutation : practices at the legal frontiers of the Eurozone crisis / Media attention for CJEU case-law : measurment, data collection, and analysis of case salience data / Embedding decoloniality in empirical EU studies / |