European Union Law

Researching the European Court of Justice: Methodological Shifts and Law's Embeddedness

Edited by Mikael Rask Madsen · Fernanda Nicola · Antoine Vauchez
Cambridge University Press May 2022

Specifications

ISBN-13
9781316511299
Publisher
Cambridge University Press
Publication
May 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The book takes stock of the on-going 'methodological turn' in the field of EU law scholarship. Introducing a new generation of scholars of the European Court of Justice from law, history, sociology, political science and linguistics, it provides a set of novel interdisciplinary research strategies and empirical materials for the study of the Court of Justice of the European Union. The twelve case studies included challenge the usual top-down approach to EU law and the CJEU and instead suggest a more localized and fine-grained observation of the socio-legal actors and practices involved in the making of CJEU case-law. Moving beyond mainstream legal scholarship and the established 'grand narratives' of legal integration, the volume provides a more historically-informed and sociologically-grounded account of the EU law's uneven embeddedness in Europe's economies and societies.

Table of Contents

1. From methodological shifts to EU law's embeddedness
Mikael Rask Madsen, Fernanda G. Nicola and Antoine Vauchez
2. 'In this beuraucratic silence EU law dies': fieldwork and the (non)-practice of EU law in national courts
Tommaso Pavone
3. How to nail down a cloud: CJEU's construction of jurisprudential authority from a network perspective
Amalie Frese
4. EU law mobilization: lessons from a bottom-up approach
Jos Hoevenaars
5. Litigation strategies and the political framing of EU law: exploring the archives of a trade union lawyer in the Viking and Laval cases
Julien Louis
6. Inquiring into conceptual practices: legal controversy at the Court of Justice of the European Union
Vincent Réveillère
7. Through the lens of language: uncovering the collaborative nature of Advocates General's opinions
Karen McAuliffe, Liana Muntean and Virginia Mattioli
8. A sense of common purpose: on the role of case assignment and the Judge-Rapporteur at the European Court of Justice
Christoph Krenn
9. Judge biographies as a methodology to grasp the dynamics inside the CJEU and its relationship with EU member states
Vera Fritz
10. The genesis of the institution within the institution: studying the mobilization for the creation of the Court of First Instance
Lola Avril
11. Re-constructing the construction of Laval: studying EU law as a social interpretive process
Jens Arnholtz
12. Judicially backed mutation: practices at the legal frontiers of the Eurozone crisis
Nicholas Haagensen
13. Media attention for CJEU case law: measurement, data collection, and analysis of case salience data
Julian Dederke
14. Embedding decoloniality in empirical EU studies
Iyiola Solanke
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