The Transformation Or Reconstitution Of Europe

Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin -- On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag -- Proportionality and deference in contemporary constitutional thought / Duncan Kennedy -- Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts -- Ideology and legal reasoning at the European Court of Justice / Tamara Apeta -- Judicial appointments, judicial independence, and the European high courts / Mitchel Lasser -- Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin -- Useful effect of the framework decision on the European arrest warrant / Siniša Rodin -- Reflections on European legal formalism / Pieter-Augustijn van Malleghem -- Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola

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.

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.

This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.

The challenges of post-war recovery from social and political reform to architectural design In the months and years immediately following the First World War, the many (European) countries that had formed its battleground were confronted with daunting challenges. These challenges varied according to the countries' earlier role and degree of involvement in the war but were without exception enormous. The contributors to this book analyse how this was not only a matter of rebuilding ravaged cities and destroyed infrastructure, but also of repairing people’s damaged bodies and upended daily lives, and rethinking and reforming societal, economic and political structures. These processes took place against the backdrop of mass mourning and remembrance, political violence and economic crisis. At the same time, the post-war tabula rasa offered many opportunities for innovation in various areas of society, from social and political reform to architectural design. The wide scope of post-war recovery and revival is reflected in the different sections of this book: rebuild, remember, repair, and reform. It offers insights into post-war revival in Western European countries such as Belgium, France, the United Kingdom, Germany, Portugal, Spain, and Italy, as well as into how their efforts were perceived outside of Europe, for instance in Argentina and the United States.

Published in 1998. Was the Italian Communist Party (PCI) a typical Social Democratic party in tune with the programmatic principles of the Second International? What is the appropriate context within which the strategies of 'historic compromise' and Eurocommunism in the 1970s can be analyzed and understood? In what form and to what extent has the process of European integration and the crisis of Keynesianism contributed to the transformation of the party in 1989-91? What caused the collapse of the ruling political class of the First Italian Republic? Why did the transformed PCI, the PDS (Democratic Party of the Left), fail to lead the transition to the Second Italian Republic between 1992 and 1996? Is there any link between the party’s historical factions and the current divisions in the Italian Left? Is it possible to theorize and speculate upon these divisions? Italy, Europe, the Left seeks to answer these questions, debating conventional views and examining the extent to which the end of the Cold War has contributed to a redefinition of the Left’s identity in Italy and Europe. The exemplary methodological framework and the wider European perspective adopted throughout, make the book an indispensable reading in the field of Italian and European politics.

This book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through examination of what are found to be the three major proxies of transnational private ordering: private contracts, standards and codes.

Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.