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EU Law as a Creative Process: A hermeneutic approach for the EU internal market and fundamental rights protection

EU Law as a Creative Process: A hermeneutic approach for the EU internal market and fundamental rights protection

Author: Pauline Phoa
Publisher: Europa Law Publishing
ISBN: 9789462512788
Published In: October 2021
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating.

The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American ‘Law and Literature’ scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of ‘self’ and ‘other’.

The synthesis of two case studies (on economically inactive EU citizens’ access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.

Chapter 1. Introduction

Part 1: Theory

Chapter 2. A Hermeneutic Approach for EU Law

Part II: Prefiguration

Chapter 3. The ECJ’s Institutional ‘Self’

Chapter 4. Prefiguration of the Internal Market and Fundamental Rights

Part III. Configuration

Chapter 5. Case Study on Economically Inactive EU Citizens’ Access to Social Benefits

Chapter 6. Case Study on Personal Data Protection and Privacy

Part IV: Refiguration

Chapter 7. Synthesis

Chapter 8. Concluding Observations