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.

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

1 online resource (viii, 248 p.)

"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.

Includes bibliographical references and index.

Also issued in print.

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Original

Bloomsbury Collections

English

Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement.

9781509907281 online
9781509907250 hardback
9781509907274 electronic book
9781509907267 PDF

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