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Academic

: Legal Theory Blog

Vauchez on the European Court of Justice & Pan-European Jurisprudence

By Lawrence Solum

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Antoine Vauchez (CURAPP) has posted Keeping the Dream Alive: The European Court of Justice, Transnational Esprit De Corps and the Building of Pan-European Jurisprudence on SSRN. Here is the abstract:

How does the European Court of Justice firmly maintain a now 45-years old consistent pan-European jurisprudence when exerting virtually no control over the recruitment of its members (a selection left to national governments) and lacking most of the warrants of a State ? The paper identifies the conditions for the Court?s perennial pan-European jurisprudence in the national and transnational mobilization of ?its? lawyers. Based on a variety of commemorative materials produced within the Court (Festschriften, tributes, eulogies, and jubilees) never studied so far, the paper stresses the manner in which EU's judicial elite manufactures discourses both of the Court and on the Court and its jurisprudence while at the same time repeatedly managing the national and transnational networks of the Court?s epigones from which it draws its authority to render its ?verdicts? on Europe.

Full post as published by Legal Theory Blog on June 21, 2010 (boomark / email).