The Changing European Union : A Critical View on the Role of Law and the Courts

It is widely recognised that international order is undergoing transformative change. This collection looks at the role of law and courts in the changing EU. On the one hand, it analyses how EU law and EU courts have reacted to the new developments and challenges that Europe and the world are facing, such as rising inequalities in and across societies, the rise of populism, the migration crisis, and technological developments. On the other hand, it investigates the transformative potential of EU law and the extent to which law can progressively be used to bring about social change. Taking a multifaceted approach, the book draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced Volume 114 in the Series Modern Studies in European Law Contents 1. The Changing European Union: A Critical View on the Role of Law and the Courts I. Challenges which the EU is Facing II. Addressing the Challenges III. The Role of Courts in a Changing EU IV. Substantive Areas Triggering Structural Change in EU Law PART I: THE ROLE OF COURTS IN A CHANGING EUROPEAN UNION 2. Judicial Dialogue in a Changing World: Preserving Judicial Independence I. Introduction II. The Rule of Law as the Law of Remedies III. Judicial Independence, the Preliminary Reference Mechanism and the Effective Protection of EU Rights IV. Judicial Independence and Mutual Trust V. Concluding Remarks 3. The Rule of Law and Adjudication of the Court of Justice of the European Union I. Introduction II. Conceptualising the Rule of Law III. Adjudication of the Court of Justice IV. Conclusion 4. Pragmatism, Innovation and Prophecy: Conjectures Concerning the Grounds of Belief in an Inventive Court I. The Enigma II. Pragmatism III. Entrepreneurship IV. Decisionism and Prophecy V. Political-Theological Coda 5. Analytics and European Union Courts: The Case of Trademark Disputes I. Introduction II. Covid Technological Transformation III. Effective Access to EU Justice IV. AI-Powered Legal Tools in the EU Justice System V. Implications for Courts/AI and Court Processes VI. Conclusion PART II: SUBSTANTIVE AREAS TRIGGERING STRUCTURAL CHANGE IN EU LAW 6. The Beauty and the Beast: Is European Union Internal Market Law 'Over-Constitutionalised'? I. Introduction II. The Beauty III. The Beast IV. Over-Constitutionalisation V. How Free Movement Law should be Interpreted and Applied (and Normally is) VI. Conclusion 7. Changing the European Union Through Education: What Can the European Union Do for Education, and What Can Education Do for the European Union? I. Introduction II. EU Competence in Regulating Education III. Substance of Education in the EU IV. Concluding Remarks 8. The Origins of the Crisis of Common Values of the European Union I. Introduction II. The Crisis of Values in the EU III. "Ressentiment" at the Origin of the Crisis of Values IV. The Role of Law in Ressentiment and Anomie V. Conclusion 9. Towards 'Judicial Passivism' in European Union Migration and Asylum Law? I. Introduction II. Judicial Passivism in the Narrow Sense III. Judicial Passivism in the Extensive Sense IV. The Impact of 'Judicial Passivism' on the Future: Developments at the Greek-Turkish Border and ND and NT V. Concluding Remarks 10. A Path to Ending Irregular Migration Control: Evaluating Judicial Review of the European Union's Migration and Border Control Through Externalisation I. Introduction II. The EU as an Emerging Actor in Migration Policy III. Systemic Humanitarian Issues Stemming from the EU's Cooperation with Libya IV. Current Attempts to Remedy the Problem V. Possible Legal Remedies that can be Brought in Front of the CJEU VI. Conclusion Index "It is widely recognised that international order is undergoing transformative change and the old norms no longer apply. This collection looks at how the EU, specifically its judicial wing, is responding to these new challenges. It looks both externally at those internationally shared problems of unequal societies, the rise of populism and the migrant crisis and internally at Brexit, the differences between the EU centre and peripheries, and the division of competences. Taking a multifaceted approach, it draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced"-- Provided by the publisher