That’s an Order! The Orders of the CJEU and the Effect of Article 99 RoP on Judicial Cooperation

Abstract
The benefits of timely justice and rigorous judicial argument are impossible to overstate and hard to reconcile. In its struggle to deliver both, the Court of Justice of the European Union has initiated several reforms of its procedures. The so-called adjudicating orders arguably achieve the impossible: They fast-track recurring questions while safeguarding legal coherence. The present article unpacks this premise. It shows that seemingly inconsequential procedural amendments, often overlooked by scholars, give the Court full control over relevant European legal problems, and centralize its power.

Click here to read more, and download the paper

 

noleslaw-call-for-papers

The Politics of Law and Courts – call for papers

noleslaw-call-for-papers

Dear colleagues,

Professor Gunnar Grendstad (Bergen University) and associate professor Anna Wallerman Ghavanini (University of Gothenburg) are convening a workshop on The Politics of Law and Courts at next year’s Nordic Political Science Association (NoPSA) Congress on Iceland. The call for papers is now online, and the deadline is December 15th. I would be very grateful if you would help me spread the call within your networks, and of course I hope that some of you will consider contributing to the workshop!

The Politics of Law and Courts workshop will bring together an emerging and expanding group of interdisciplinary scholars who do research on law, courts and politics within and beyond the Nordic region. Its goal is to strenghten this Nordic-based international network and to foster cutting-edge research. We invite theoretical, methodological, empirical as well as comparative and inter-disciplinary papers on a range of topics, including but not limited to analyses of legal actors, courts, institutional procedures, institutional change, decision making, legal mobilization, and implementation. We especially seek contributions that address the role of courts in the Nordic context, but also welcome proposals on judicial politics in in other regions and context.

Further information is available here: www.nopsaiceland2020.is/ For any questions, please contact the convenors at anna.wallerman@law.gu.se or gunnar.grendstad@uib.no.

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The NoLesLaw Special Issue of the EJLS is published!

The Special Issue of the EJLS is published! Jakob Holtermann, Anne Lise Kjaer, Paivi Leino, Emilia Korkea-aho, Henrik Palmer Olsen and Amalie Frese unpack and scrutinize European Union lawyers, international law, legal knowledge, human rights, and the epistemology of legal empirical research.

The special issue is the first output of the NoLesLaw initiative. The exact beginning of the journey is difficult to pin down and untangle from so many interrelated events of the time. There are several beginnings. One of them is the fortunate meeting of northern and southern and eastern and western minds, wondering about and willing to explore the so-called empirical turn in contemporary legal scholarship. The European University Institute (EUI) in Florence, which is the home of the journal, has long stood for an approach to law that looked at law in its social, economic, and political context. So long that it had perhaps run out of steam. To reinvigorate what was once an original idea and a novel approach is never easy. Many legal scholars feel uncomfortable and worse – bored – by computer code, transcripts of interviews, and regression tables. Some might even fear (and do, in fact, if Holtermann and Madsen are correct) that studying facts rather than principles is missing the most important element of law: its normative character. 

And yet, two editors bravely walked into the blizzard in Northern Sweden in March 2017, quite literally and metaphorically (intellectually), to participate in our first workshop. They selected the articles, which were subsequently discussed and presented in various forms and formats. They are finally here because of the dedication, the patience, and the intellectual curiosity of the editors and the authors.

You can read the EJLS NoLesLaw Special issue here.

ejls noleslaw 2019

“Network Science & Law” at Sunbelt 2018 – Call for participation

Network Science & Law
Session of the XXXVIII Sunbelt Conference

https://sunbelt.sites.uu.nl/

*Utrecht, Netherlands, June 26 – July 1, 2018*

Submission deadline: February 1, 2018.

Scholars from a variety of disciplines increasingly use network analysis to study law and legal institutions. Still, the diversity of methods is overwhelming and the value, which the approach adds to traditional legal research, remains difficult to understand and appraise critically.

This is precisely what we wish to explore in this session. More concretely, we will focus on the perils and promises of network analysis of law by integrating the perspective of computational social sciences into legal scholarship. We are interested in studies that:

1. Analyse the (social) networks of actors that participate in the law making processes, such as judicial networks, networks of counsels and legal scholars, as well as institutions, such as international organizations, including courts, arbitration tribunals and NGOs.
Questions include:

– Lawyers, judges and lawmakers are often perceived as societal elites.
Is that reflected in the networks they form? How susceptible are these networks to change?
– Are institutional barriers or biases entrenched in legal networks?
– How do legal ideas and expertise diffuse through legal networks?

2. Explore the web(s) of law, meaning the networks of legal rules, statutes, as well as international, bilateral or multilateral treaties, linked through explicit or implicit references (citation networks).
Possible topics that can be addressed include:

– What are explicit (e.g. cross-references) and implicit (e.g. semantic) ties between legal documents and how can they be measured? What do they tell us about the law and the law makers?
– What do implicit citations, observed as the repetition of a specific legal language that legal actors, such as courts, use in legal documents, reveal their perception of the law?
– How do courts differ in their use of citations? What internal or external factors explain these differences?
– What makes a legal case legally important in the web of law and what makes a case famous? How can we use citation networks to identify such cases or search for cases, which become precedents?
– Can citation networks reveal how the law develops, changes and adapts to its social, political and economic context?

The session welcomes both theoretical work and empirical studies of network theories and social network analysis to any question related to the legal domain. The topics outlines above are meant as suggestions rather than an exhausting list of topics, which we wish to address.

The abstract (500 words max) must be submitted before February 1, 2018
(23.59 hrs. CET time) using the website of the conference:
https://sunbelt.sites.uu.nl/abstract-submission/

For any query about the session, please contact Fabien Tarissan
(fabien.tarissan@ens-paris-saclay.fr)

Session chairs:
Wolfgang Alschner (University of Ottawa, Canada) Urska Sadl (European University Institute, Italy) Fabien Tarissan (CNRS, University Paris-Saclay, France)

The current call for papers situation

We have had a technical issue with the call to papers we have only recently become aware of. This has involved a number of submitted abstracts not reaching us, and we are unaware which ones.

We kindly request you send your abstracts again, if you sent them this week. Please use the email address studio@iaincameron.dk to submit them.

Future Call for papers

Moving forward, a far better system will be found for Noleslaw, whereby firstly it must function properly, and a receipt will be sent to acknowledge it’s arrival.

The web team behind Noleslaw apologise unreservedly for this inconvenience, particularly at such an important time.

Iain Cameron

The deadline for the call for papers is October 13th 2017.

EJLS joins NoLesLaw

We are delighted to announce EJLS (The European Journal of Legal Studies) has joined NoLesLaw. 

Founded in 2007, the European Journal of Legal Studies (EJLS) is a researcher edited journal published on behalf of the Department of Law at the European University Institute (EUI), Florence.

Visit their website.