The Transformation or Reconstitution of Europe

The Transformation or Reconstitution of Europe PDF

Author: Tamara Perišin

Publisher: Bloomsbury Publishing

Published: 2018-03-08

Total Pages: 256

ISBN-13: 1509907262

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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.

The Politics of European Legal Research

The Politics of European Legal Research PDF

Author: Bartl, Marija

Publisher: Edward Elgar Publishing

Published: 2022-04-19

Total Pages: 288

ISBN-13: 180220119X

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Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.

Modernising European Legal Education (MELE)

Modernising European Legal Education (MELE) PDF

Author: Oskar J. Gstrein

Publisher: Springer Nature

Published: 2023-09-23

Total Pages: 299

ISBN-13: 3031408012

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This open access book presents innovative strategies to address cross-cutting topics and foster transversal competences. The modernization of European legal education presents a compelling challenge that calls for enhanced interdisciplinary collaboration among academic disciplines and innovative teaching methods. The volume introduces venues towards education innovation and engages with complex and emerging topics such as datafication, climate change, gender, and the aftermath of the COVID-19 pandemic. The insights presented not only emphasize the importance of preserving traditional approaches to legal disciplines and passing them on to future generations, but also underscore the need to critically reassess and revolutionize existing structures. As our societies become more diverse and our understanding of legitimacy, justice, and values undergoes transformations, it is imperative to reconsider the role of traditional values while exploring promising alternative approaches.

Lawyering Europe

Lawyering Europe PDF

Author: Antoine Vauchez

Publisher: Bloomsbury Publishing

Published: 2013-03-13

Total Pages: 306

ISBN-13: 178225093X

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While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.

'Integration through Law' Revisited

'Integration through Law' Revisited PDF

Author: Daniel Augenstein

Publisher: Routledge

Published: 2016-05-23

Total Pages: 224

ISBN-13: 131711521X

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Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.

Reinventing Legal Education

Reinventing Legal Education PDF

Author: Alberto Alemanno

Publisher: Cambridge University Press

Published: 2018-05-24

Total Pages: 360

ISBN-13: 1316730131

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European legal teaching - historically formalistic, doctrinal, hierarchical, and passive - is coming under increasing pressure to reimagine itself as pragmatic, policy-aware, and action-oriented. Out of this context, a bottom-up movement of university law clinics appears to be emerging in Europe. Although intellectually indebted to the US model, the European variant reflects legal education and practice in Europe, specifically the multi-layered and multi-genetic legal landscape resulting from the Europeanization and internationalization of national legal systems, the globalization of European legal markets, and the growing demand for civic engagement in view of increasingly powerful supra-national institutions. Through the prism of clinical legal education, Reinventing Legal Education is the first attempt to gather scholarly and systematic reflections on the developments taking place in European legal teaching and practice. This groundbreaking book should be read by anyone interested in how clinical legal education is reinventing legal education in Europe.

Innovative Teaching in European Legal Education

Innovative Teaching in European Legal Education PDF

Author: Claas Friedrich Germelmann

Publisher: Nomos Verlag

Published: 2021-04-15

Total Pages: 175

ISBN-13: 3748923333

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Moderne Lehrmethoden sind in akademischen Diskussionen allgegenwärtig. Die Wissenschaft schreitet voran, daher muss die Lehre zum Nutzen der Studierenden folgen. Auf einer internationalen Konferenz in Hannover (Dezember 2019) unter der Ägide des renommierten ELPIS-Netzwerkes wurde die Angelegenheit anhand der Vielfalt der Rechtsausbildung in den EU-Mitgliedstaaten erörtert, um gemeinsame Grundlagen für die moderne Rechtslehre zu finden. Der vorliegende Band erzielt eine Balance relevanter Erkenntnisse von Wissenschaftlern und Studierenden. Er besteht aus Beiträgen von Wissenschaftlern verschiedener Rechtsgebiete an unterschiedlichen Universitäten wie Bernd Oppermann (Hannover), Claas Friedrich Germelmann (Hannover), Vasco Pereira da Silva (Lissabon), Francisco Balaguer Callejón (Granada), Andreas Schwartze (Innsbruck), Arndt Künnecke (Brühl), Maria Meng-Papantoni (Athen), Patrick R. Hugg (New Orleans), Rui Guerra da Fonseca (Lissabon), Balázs Rigó (Budapest), Dimitrios Parashu (Hannover), Kersi Kurti (Hannover) und Kire Jovanov (Hannover).