Upside Down, Inside Out: A Process-Oriented Approach to the 'Political Role' of the Court of Justice of the European Union
Forthcoming in Claire Kilpatrick and Joanne Scott (eds), New Legal Approaches to Studying the Court of Justice, Collected Course of Academy of EU Law, vol. 28 (Oxford UP), 2019
iCourts Working Paper Series No. 150
23 Pages Posted: 17 Jan 2019
Date Written: January 8, 2019
In a context in which the social and political saliency of the Court of Justice of the European Union is more and more apparent, we are still short of a non-normative and empirically grounded analytical framework able to seize its “political role”. Embracing a process-tracing and micro-analysis of judicial decision-making, the article suggests to embed the délibéré not only in the Court’s social and professional complex but also more widely in the highly (socially and politically) selective process of ex-ante “generation” and ex-post “effectuation” of EU caselaw. Thereby, it delineates a research strategy that allows to position the CJEU in Europe’s national and transnational social fields.
Keywords: CJEU, Court of Justice of the European Union, international order, European Union, sociology of law
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