Research Seminar - Dr Thomas Horsley

Research Seminar - Dr Thomas Horsley
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This is a past event

Dr Thomas Horsley from the University of Liverpool will speak as part of the Law School's research seminar series 2014-15 on "Ways of Seeing: The Court of Justice and Judicial Lawmaking". (Curriculum Vitae)

Abstract

The study of judicial lawmaking and its legitimacy within the EU legal order is back in vogue. Several recent legal analyses offer fresh, critical assessments of "judicial activism" (or, conversely, "judicial restraint") charges levelled at the Court of Justice. The prevailing approach to the topic in the legal scholarship recognises the relatively autonomous position of the Court within the EU’s constitutional architecture and critiques the Court’s contribution to EU lawmaking against orthodox principles of judicial adjudication. In this paper, which builds on my existing work in the area, I will argue that discussion of judicial lawmaking and its legitimacy requires EU legal scholars to adopt a broader theoretical perspective, which takes full account of – and engages directly with – the Court's “transformed” position within the EU legal order as an “institutional actor.” The “institutional actor thesis” developed in my work positions the Court of Justice directly alongside the Union’s legislative (and administrative) institutions as a leading policymaker in EU integration. It has both explanatory and normative character and, as I will outline in my paper, offers an enhanced and compelling intellectual framework to explore perennial issues of EU competence control in the judicial context.

Hosted by
School of Law
Venue
New King's NK11
Contact

This event is free of charge; no booking is necessary.

Please visit our Research Seminar webpage for our full programme.