Pavone The Ghostwriters

Lawyers and the Politics behind the Judicial Construction of Europe
Erscheinungsjahr 2022
ISBN: 978-1-009-08464-2
Verlag: Cambridge University Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch

Reihe: Cambridge Studies in Law and Society

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.

Autoren/Hrsg.

Pavone, Tommaso

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen

Inhaltsverzeichnis

Part I. Introduction; 1. The politics of ghostwriting lawyers; Part II. Judges and resistance to change; 2. Revisiting judicial empowerment in Europe; 3. Renouncing power and resisting change; 4. The limits of rebellion; Part III. Lawyers and the uneven push for change; 5. The first Euro-Lawyers and the invention of a repertoire; 6. Hot spots and cold spots; Part IV. Lawyers and the rise of contentious politics; 7. Euro-Lawyering goes public; 8. Euro-Lawyering goes silent; Part V. Conclusion; 9. Making sense of ghostwriters.

Über Autor(innen)

Pavone, Tommaso
Tommaso Pavone is Assistant Professor at the University of Arizona, where he researches how lawyers and courts impact social and political change. His work has been published in leading peer-reviewed journals and has won the LSA and the EUSA best dissertation prizes alongside APSA's Corwin Award. He holds a Ph.D. from Princeton University.