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

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Mikael Rask Madsen (University of Copenhagen) Fernanda Nicola (American University, Washington DC)

Researching the European Court of Justice

Methodological Shifts and Law's Embeddedness

Mikael Rask Madsen (University of Copenhagen), Fernanda Nicola (American University, Washington DC), Antoine Vauchez

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English

Cambridge University Press
26 May 2022

International relations; EU & European institutions; International organisations & institutions; International courts & procedures

Series: Studies on International Courts and Tribunals

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.

Edited by: Mikael Rask Madsen (University of Copenhagen), Fernanda Nicola (American University, Washington DC), Antoine Vauchez
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 235mm, Width: 158mm, Spine: 26mm
Weight: 710g
ISBN: 9781316511299
ISBN 10: 1316511294
Series: Studies on International Courts and Tribunals
Pages: 376
Publication Date: 26 May 2022
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

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.

Mikael Rask Madsen is a Professor of European Law and Integration, at the Faculty of Law, University of Copenhagen and Director and founder of iCourts, Centre of Excellence for International Courts. He has published widely on international law and institutions and his research has been recognized by a number of prizes, including the Elite Researcher Prize and the Carlsberg Research Prize. Fernanda G. Nicola is a Professor at American University Washington College of Law and she is a Permanent Visiting Professor at iCourts the Danish National Research Foundation's Centre of Excellence for International Courts. She is a co-editor of EU Law Stories: Contextual and Critical Histories of European Jurisprudence (Cambridge University Press, 2017). Antoine Vauchez is a CNRS Research Professor in political sociology and law at the Université Paris 1-Sorbonne and a Permanent Visiting Professor at iCourts the Danish National Research Foundation's Centre of Excellence for International Courts. He is currently Michael Endres Visiting Professor at the Hertie school of government in Berlin. His recent books explore the intersection between law, politics and democracy, including Brokering Europe. Euro-lawyers and the Making of a Transnational Polity (Cambridge University Press, 2015).