TY - BOOK ID - 85129661 TI - The transformation or reconstitution of Europe : the critical legal studies perspective on the role of the courts in the European Union AU - Perišin, Tamara AU - Rodin, Siniša PY - 2018 SN - 1509907289 1509907270 1509907262 1509907254 9781509907250 9781509907250 9781509907274 1509907254 PB - Oxdord [UK] ; Portland, Oregon : Hart Publishing, DB - UniCat KW - Law KW - Constitutional law KW - Courts KW - Justice, Administration of KW - Judiciary KW - Dispute resolution (Law) KW - Judicial districts KW - Procedure (Law) KW - Judicial power KW - Jurisdiction KW - Law and legislation KW - Court of Justice (Court of Justice of the European Union) KW - Court of Justice of the European Union. KW - European Union. KW - European Court of Justice KW - ECJ KW - Cour de justice (Court of Justice of the European Union) KW - Gericht (Court of Justice of the European Union) KW - Courts - European Union countries KW - Law - European Union countries KW - Constitutional law - European Union countries KW - Justice, Administration of - European Union countries UR - https://www.unicat.be/uniCat?func=search&query=sysid:85129661 AB - "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."--Bloomsbury Publishing. ER -