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The Transformation or Reconstitution of Europe

The Transformation or Reconstitution of Europe


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About the Book

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.
About the Author:

Tamara Perisin is Professor and Jean Monnet Chair at the University of Zagreb.
Sinisa Rodin is Judge at the Court of Justice of the European Union.


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Product Details
  • ISBN-13: 9781509907250
  • Publisher: Hart Publishing
  • Publisher Imprint: Hart Publishing
  • Height: 234 mm
  • No of Pages: 256
  • Spine Width: 16 mm
  • Weight: 589 gr
  • ISBN-10: 1509907254
  • Publisher Date: 08 Feb 2018
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Sub Title: The Critical Legal Studies Perspective on the Role of the Courts in the European Union
  • Width: 156 mm


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