Retired from full-time teaching in the USA since 2013, I continue teaching at universities in Germany and Finland, writing about topics related to the EU, to legal professionals, and to law and governance, and participating in conferences. I regularly teach "Law, Society and Politics in Comparative Perspective" at the Free University of Berlin (FUBiS). I remain involved with interdisciplinary projects, primarily through my membership in the Berliner Arbeitskreis Rechtswirklichkeit (BAR), as well as my work with the Law
Introduction: This paper maps the EU's civil justice policy field, and offers some ideas abou... more Introduction: This paper maps the EU's civil justice policy field, and offers some ideas about the broader significance of these developments. Since 1999, when the Amsterdam Treaty communitarized "judicial cooperation in civil matters" and the European Council laid out a five-year plan at its Tampere Summit, the EU's efforts to create a "genuine area of justice (Tampere Milestones, I.3.5 & I.3.7) have been rapid and dramatic. The AFSJ field was "transformed ... into a huge 'building site' " (Weyembergh 2000). More than a dozen substantial - and in some cases highly ambitious and controversial - legislative and other civil justice measures have been adopted, and more are in the pipeline.1 These measures permeate the legal infrastructure upon which the EU's legal order is built. Some of them surpass even the broadest reading of the formal Treaty language on "judicial cooperation". The scope and pace of these developments have been...
Introduction: This paper provides a macro-level view of the EU's civil justice policy field. ... more Introduction: This paper provides a macro-level view of the EU's civil justice policy field. More concretely, it traces discursive patterns and examines policy-making institutional dimensions of the field since the 1997 Amsterdam Treaty laid down "judicial cooperation in civil matters" as the cornerstone upon which to erect what former French President Giscard d'Estaing hoped would one day become a European Judicial Space ("espace judiciare Europeen").2
Published in: 29 Yearbook of European Law 483-95 (2010) Once upon a time, procedural law in all i... more Published in: 29 Yearbook of European Law 483-95 (2010) Once upon a time, procedural law in all its peculiarity stayed home in the scullery, while public and even private law went off to attend the European integration ball. Th e rules of procedural law were seen as quintessentially domestic and inappro-priate for the European stage. EU Member States were said to possess 'national procedural and remedial autonomy and competence',¹ and the European Court of Justice (ECJ) averted its gaze discretely from the stay-at-home sib. In its clas-sic formulation, the ECJ declared that 'it is for the domestic legal system of each Member State to designate the courts having jurisdiction and to determine the procedural conditions governing actions at law intended to ensure the protection of the rights which citizens have from the direct eff ect of Community law . . . ', absent 'Community rules on this subject'.² Th is mythical vision of the relationship between the EU and ...
The European Union is installing new infrastructure upon which to build a "genuine European ... more The European Union is installing new infrastructure upon which to build a "genuine European area of justice. This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a dimension of the Union, in order to promote the free movement of persons. "EUstitia" is a neologism that aims to capture both pragmatic and aspirational aspects of this new European governance project. The term is used here to refer solely to the civil law component of the AFSJ. This article both examines EUstitia's key features, and explores the implications of institutionalizing civil justice in the European Union. In particular, it contextualizes and examines measures that have been taken, proposed, or planned to establish the "genuine European area of justice" since the Amsterdam Treaty entered into effect in May 1999. EUstitia comprises the "communitariza...
Page 1. Margins in European Integration Edited by Noel Parker Senior Lecturer in European Politic... more Page 1. Margins in European Integration Edited by Noel Parker Senior Lecturer in European Politics University of Surrey1, Guildford and ... 3 Noel Parker 2 European Integration through the Kaleidoscope: the View from the Central and East European Margins 28 Helen E. Hartnell ...
Introduction: This paper maps the EU's civil justice policy field, and offers some ideas abou... more Introduction: This paper maps the EU's civil justice policy field, and offers some ideas about the broader significance of these developments. Since 1999, when the Amsterdam Treaty communitarized "judicial cooperation in civil matters" and the European Council laid out a five-year plan at its Tampere Summit, the EU's efforts to create a "genuine area of justice (Tampere Milestones, I.3.5 & I.3.7) have been rapid and dramatic. The AFSJ field was "transformed ... into a huge 'building site' " (Weyembergh 2000). More than a dozen substantial - and in some cases highly ambitious and controversial - legislative and other civil justice measures have been adopted, and more are in the pipeline.1 These measures permeate the legal infrastructure upon which the EU's legal order is built. Some of them surpass even the broadest reading of the formal Treaty language on "judicial cooperation". The scope and pace of these developments have been...
Introduction: This paper provides a macro-level view of the EU's civil justice policy field. ... more Introduction: This paper provides a macro-level view of the EU's civil justice policy field. More concretely, it traces discursive patterns and examines policy-making institutional dimensions of the field since the 1997 Amsterdam Treaty laid down "judicial cooperation in civil matters" as the cornerstone upon which to erect what former French President Giscard d'Estaing hoped would one day become a European Judicial Space ("espace judiciare Europeen").2
Published in: 29 Yearbook of European Law 483-95 (2010) Once upon a time, procedural law in all i... more Published in: 29 Yearbook of European Law 483-95 (2010) Once upon a time, procedural law in all its peculiarity stayed home in the scullery, while public and even private law went off to attend the European integration ball. Th e rules of procedural law were seen as quintessentially domestic and inappro-priate for the European stage. EU Member States were said to possess 'national procedural and remedial autonomy and competence',¹ and the European Court of Justice (ECJ) averted its gaze discretely from the stay-at-home sib. In its clas-sic formulation, the ECJ declared that 'it is for the domestic legal system of each Member State to designate the courts having jurisdiction and to determine the procedural conditions governing actions at law intended to ensure the protection of the rights which citizens have from the direct eff ect of Community law . . . ', absent 'Community rules on this subject'.² Th is mythical vision of the relationship between the EU and ...
The European Union is installing new infrastructure upon which to build a "genuine European ... more The European Union is installing new infrastructure upon which to build a "genuine European area of justice. This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a dimension of the Union, in order to promote the free movement of persons. "EUstitia" is a neologism that aims to capture both pragmatic and aspirational aspects of this new European governance project. The term is used here to refer solely to the civil law component of the AFSJ. This article both examines EUstitia's key features, and explores the implications of institutionalizing civil justice in the European Union. In particular, it contextualizes and examines measures that have been taken, proposed, or planned to establish the "genuine European area of justice" since the Amsterdam Treaty entered into effect in May 1999. EUstitia comprises the "communitariza...
Page 1. Margins in European Integration Edited by Noel Parker Senior Lecturer in European Politic... more Page 1. Margins in European Integration Edited by Noel Parker Senior Lecturer in European Politics University of Surrey1, Guildford and ... 3 Noel Parker 2 European Integration through the Kaleidoscope: the View from the Central and East European Margins 28 Helen E. Hartnell ...
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