Cambridge Studies in Law and Society #: The Ghostwriters

Lawyers and the Politics behind the Judicial Construction of Europe

Cambridge Studies in Law and Society #: The Ghostwriters
Tommaso Pavone
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Hardback
Not defined - 304pg
7 Apr 2022 UK
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9781316513910
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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.

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' This is a remarkable [book], both in terms of theory development, research design, scope, and style. Besides rewriting the history of European legal integration, The Ghostwriters also makes important contributions to theories of legal mobilization and political lawyering beyond the European Union. Pavone builds his narrative on a set of carefully selected case studies and on a wide variety of data and methods, including archival studies, geospatial analysis and more than 350 interviews in Italy, France, and Germany . . . The narrative is so persuasive because the judges and lawyers can speak directly to the reader. ' Tommaso Pavone, American Political Science Association ' . . . Pavone advances an alternative narrative of the actors behind the institutionalization of European law: entrepreneurial lawyers as opposed to ' activist judges' or courts were the motors of European legal integration . . . [The Ghostwriters] makes both empirical and theoretical contributions, especially when it comes to understanding transnational legal change. It is written in a compelling manner, weaving theory building with data analysis . . . [Pavone' s] writing style is both accessible and allows the reader to imagine herself in the spaces where he conducted his research, in true ethnographic style. ' Tommaso Pavone, Law & Society Association ' Pavone has a unique talent to take us into a fascinating (if sobering) journey exploring the uneven ' lawscape' of the European Union. Elegantly written, analytically sophisticated and empirically novel, The Ghostwriters reveals an entirely new geography of EU law and delineates a grounded theory of EU legal integration. A great piece of scholarship!' Antoine Vauchez, CNRS Research Professor at the Universite Paris 1-Sorbonne, and author of Brokering Europe. Euro-lawyers and the Making of a Transnational Polity (Cambridge University Press, 2015)
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.
Status: Active
ISBN-13: 9781316513910
Published: 7 Apr 2022
Published In: United Kingdom
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Format: Hardback
Pages: 304

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