Pub Date : 2020-12-16DOI: 10.1093/OSO/9780198871477.003.0003
A. Vauchez
In a context in which EU case law is increasingly politicized, this chapter questions our analytical equipment when it comes to understanding the ‘political role’ of the Court of Justice of the European Union (CJEU). Moving from close-ups to long shot views of EU case-lawyering, the chapter repositions judicial decision-making in a dense web of political, social, and professional ramifications within and outside the Court itself. By articulating micro, meso, and macro levels of analysis, it escapes ontological discussions about the political nature of the Court (‘neoliberal’, ‘federalist’, etc.) and suggests a research strategy able to empirically measure and geographically map out the Court’s embeddedness in Europe’s laws, politics, and societies.
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Pub Date : 2020-12-16DOI: 10.1093/oso/9780198871477.003.0002
Anthony Arnull
From its origins in the Schuman Declaration of 9 May 1950, the Court of Justice of the European Union has developed into a legal leviathan, exercising a profound influence on the Union through its widely studied case law. That case law has been lauded and criticized in equal measure. Some see it as bold and ingenious, while others consider it the product of a rogue court. Who were the individuals who made the early Court tick? What were the obstacles the Court had to overcome in order to achieve its current status? Why were the Member States slow to grasp the significance of the Court’s work? What is the relationship between the Court and the General Court, created by the Council in 1988 to alleviate the pressure imposed on the Court itself by its growing case load? This chapter addresses these questions in their temporal, political, and geopolitical context.
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Pub Date : 2020-12-16DOI: 10.1093/oso/9780198871477.003.0004
F. Nicola
This chapter offers some methodological insights to those who wish to embark on a study of the archival history of the European Court of Justice (ECJ). Through her voyage into this newly opened archive, the author unpacks the comparative legal history emerging from the jurisprudence of the ECJ, a supranational court embedded in different European legal traditions. The author relies on the findings of the new legal historians who have brought to the surface legal and political resistance to the constitutionalization narrative of the ECJ. She also relies on the work of sociologists who have focused on professional networks of Eurolawyers as a powerful engine for the integration and liberalization of the single market. By deploying these insights, the chapter offers a novel reading of the grands arrêts through the dossiers de procédure now open to the public in electronic format at the Historical Archives of the EU.
本章为那些希望着手研究欧洲法院(ECJ)档案史的人提供了一些方法论见解。通过她对这个新开放档案的探索，作者揭示了欧洲法院(一个嵌入不同欧洲法律传统的超国家法院)的法理学中出现的比较法律史。作者依靠新法律历史学家的发现，他们将欧洲法院的宪法化叙事在法律和政治上的阻力带到了表面上。她还引用了社会学家的研究成果，这些社会学家关注欧洲律师的专业网络，认为它是单一市场一体化和自由化的强大引擎。通过运用这些见解，本章通过欧盟历史档案馆(Historical Archives of EU)目前以电子格式向公众开放的档案程序(dossiers de procsade)，提供了一种对伟人arrêts的新颖解读。
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Pub Date : 2020-12-16DOI: 10.1093/OSO/9780198871477.003.0006
J. Komárek
The chapter begins with some reflections on the concept of legitimacy, as it is used in the debates on the EU and its judicial system, particularly the ECJ. In the following section, it seeks to present a framework for studying the ECJ’s legitimacy, which does justice to its dual role: to decide particular cases and at the same time to fulfil much wider functions in the EU political system. The third section then focuses on the perennial problem of judicial legitimacy in the Western legal tradition: how to legitimize creative moments of judicial interpretation of law, which are at the same time unavoidable and deeply problematic for what is sometimes called the liberal doctrine of politics. The fourth section looks in some detail at the recent turn to semantic pragmatism and its relationship to the democratic theory and discusses some of its shortcomings.
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Pub Date : 2020-12-16DOI: 10.1093/oso/9780198871477.003.0005
U. Šadl, Fabien Tarissan
The chapter argues that the network approach is a viable methodology in legal empirical research, which can be used to study the case law of the Court of Justice. To demonstrate this potential, the chapter: first, shows how to obtain detailed information about the law from the citation network; second, it illustrates how to assess the legal relevance of cases by looking at case citations; and, third, it explores how to infer the doctrinal influence of selected landmark cases. All examples adapt different citation network tools to the study of legal structures and legal discourse which can focus, frame, support, and guide doctrinal analysis.
{"title":"The Relevance of the Network Approach to European Case Law","authors":"U. Šadl, Fabien Tarissan","doi":"10.1093/oso/9780198871477.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198871477.003.0005","url":null,"abstract":"The chapter argues that the network approach is a viable methodology in legal empirical research, which can be used to study the case law of the Court of Justice. To demonstrate this potential, the chapter: first, shows how to obtain detailed information about the law from the citation network; second, it illustrates how to assess the legal relevance of cases by looking at case citations; and, third, it explores how to infer the doctrinal influence of selected landmark cases. All examples adapt different citation network tools to the study of legal structures and legal discourse which can focus, frame, support, and guide doctrinal analysis.","PeriodicalId":176122,"journal":{"name":"New Legal Approaches to Studying the Court of Justice","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114242307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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