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 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.

1. The Changing European Union: A Critical View on the Role of Law and the Courts
Tamara Capeta, Iris Goldner Lang and Tamara Perišin

PART I
THE ROLE OF COURTS IN A CHANGING EUROPEAN UNION
2. Judicial Dialogue in a Changing World: Preserving Judicial Independence
Koen Lenaerts
3. The Rule of Law and Adjudication of the Court of Justice of the European Union
Nika Bacic Selanec and Tamara Capeta
4. Pragmatism, Innovation and Prophecy: Conjectures Concerning the Grounds of Belief in an Inventive Court
Alexander Somek
5. Analytics and European Union Courts: The Case of Trademark Disputes
Samuel Dahan, Rohan Bhambhoria, Simon Townsend and Xiaodan Zhu

PART II
SUBSTANTIVE AREAS TRIGGERING STRUCTURAL CHANGE IN EU LAW
6. The Beauty and the Beast: Is European Union Internal Market Law 'Over-Constitutionalised'?
Stephen Weatherill
7. Changing the European Union Th rough Education: What Can the European Union Do for Education, and What Can Education Do for the European Union?
Tamara Perišin
8. The Origins of the Crisis of Common Values of the European Union
Damjan Kukovec
9. Towards 'Judicial Passivism' in European Union Migration and Asylum Law?
Iris Goldner Lang
10. A Path to Ending Irregular Migration Control: Evaluating Judicial Review of the European Union's Migration and Border Control Through Externalisation
Sam Koplewicz, Alfred Bridi and Mona Haghgou Strindberg