The Ghostwriters: Lawyers and the Politics behind the Judicial Construction of Europe

European Union Law

The Ghostwriters: Lawyers and the Politics behind the Judicial Construction of Europe

By Tommaso Pavone
Cambridge University Press November 2022

Specifications

ISBN-13
9781009074988
Publisher
Cambridge University Press
Publication
November 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.

Table of Contents

Part I. Introduction
1. The politics of ghostwriting lawyers

Part II. Judges and resistance to change
2. Revisiting judicial empowerment in Europe
3. Renouncing power and resisting change
4. The limits of rebellion

Part III. Lawyers and the uneven push for change
5. The first Euro-Lawyers and the invention of a repertoire
6. Hot spots and cold spots

Part IV. Lawyers and the rise of contentious politics
7. Euro-Lawyering goes public
8. Euro-Lawyering goes silent

Part V. Conclusion
9. Making sense of ghostwriters
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