The transformation or reconstitution of Europe : the critical legal studies perspective on the role of the courts in the European Union / edited by Tamara Perisin and Sinisa Rodin.

Format:

Book

Contributor:

Perišin, Tamara, editor.

Rodin, Siniša, editor.

Language:

English

Subjects (All):

Court of Justice (Court of Justice of the European Union).

Constitutional law--European Union countries.

Constitutional law.

Courts--European Union countries.

Courts.

Justice, Administration of--European Union countries.

Justice, Administration of.

Law--European Union countries.

Law.

Physical Description:

1 online resource.

Place of Publication:

Oxdord [UK] ; Portland, Oregon : Hart Publishing, 2018.

Summary:

"It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration."--Bloomsbury Publishing.

Contents:

Transformation or reconstitution of Europe : the European critical legal studies perspective

Siniša Rodin and Tamara Perišin

On textualist and purposivist interpretation (challenges and problems)

Pierre Schlag

Proportionality and deference in contemporary constitutional thought

Duncan Kennedy

Discovering the law of the EU : the European Court of Justice and the comparative law method

Koen Lenaerts

Ideology and legal reasoning at the European Court of Justice

Tamara Apeta

Judicial appointments, judicial independence, and the European high courts

Mitchel Lasser

Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules

Tamara Perišin

Useful effect of the framework decision on the European arrest warrant

Siniša Rodin

Reflections on European legal formalism

Pieter-Augustijn van Malleghem

Legal scholarship and external critique in EU law

Daniela Caruso and Fernanda Nicola.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher.

ISBN:

9781509907281

1509907289

9781509907274

1509907270

9781509907267

1509907262

OCLC:

1008763056