ENGLISH

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

By Tommaso Pavone

Book information

Publisher
Cambridge University Press
Year
2022
ISBN
1316513912, 9781316513910, 9781009076326, 2021044745, 9781009074988
Language
english
Format
PDF
Filesize
16 MB (16679998 bytes)
Series
Cambridge Studies in Law and Society
Edition
New
Pages
304\391
Time added
2023-01-06 13:55:31

Description

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. 01.0_pp_i_iv_Frontmatter 02.0_pp_v_vii_Contents 03.0_pp_viii_x_Figures 04.0_pp_xi_xi_Table 05.0_pp_xii_xvi_Acknowledgments 06.0_pp_1_2_Introduction 06.1_pp_3_36_The_Politics_of_Ghostwriting_Lawyers 07.0_pp_37_38_Judges_and_Resistance_to_Change 07.1_pp_39_51_Revisiting_Judicial_Empowerment_in_Europe_A_Prelude 07.2_pp_52_87_Renouncing_Power_and_Resisting_Change_Daily_Work_and_Institutional_Consciousness 07.3_pp_88_126_The_Limits_of_Rebellion_Judges_and_the_Politics_of_Hierarchy 08.0_pp_127_128_Lawyers_and_the_Uneven_Push_for_Change 08.1_pp_129_196_The_First_Euro-Lawyers_and_the_Invention_of_a_Repertoire 08.2_pp_197_238_Hot_Spots_and_Cold_Spots_Euro-Lawyerings_Uneven_Corporatization 09.0_pp_239_240_Lawyers_and_the_Rise_of_Contentious_Politics 09.1_pp_241_278_Euro-Lawyering_Goes_Public_Interpretive_Mediation_and_the_Politics_of_Compliance 09.2_pp_279_304_Euro-Lawyering_Goes_Silent_Resistance_Conspiracy_and_the_Politics_of_Backlash 10.0_pp_305_306_Conclusion 10.1_pp_307_319_Making_Sense_of_Ghostwriters 11.0_pp_320_332_Appendix 12.0_pp_333_355_Bibliography 13.0_pp_356_374_Index

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