Dr Giulia Gentile, University of Essex Law School
Prof. Sabine Saurugger, Sciences Po Grenoble
Prof. Elaine Fahey, City University Law School
There have always been attempts by various stakeholders to “mobilise” EU Courts. The discussion on this issue has much greater visibility in the area of General EU Law than in EU Competition Law circles. In this conversation with three EU Law & Policy experts Prof. Elaine Fahey (City University), Prof. Sabine Saurugger (Director of Sciences Po Grenoble) and Dr Giulia Gentile (Essex Law School) we try to unravel this complex and so important issue. We discussed among other things:
Mobilising (and occasionally weaponising) the vocabulary of rights
Strategic litigation as a bug of European integration
Strategic litigation as a feature of European integration
Strategic litigation: bad or good; avoidable or not?
Commercialising the ‘business’ of (strategic) litigation
European legalism
Strategic litigation and juristic creativity
Preliminary reference and the phenomenon of “ghost-writing”
Examining the roles of different stakeholders: regulatees, lobbyists, NGOs, lawyers, interest group
What strategic litigation is not? Doesn’t each case aim at a specific result?
Sociological perception of adjudication: Are judges policymakers?
Is the CJEU a political actor?
Is court an island?
Are courts building the walls and should we try to decode what is behind the facade of the letter of law?
Measuring law & measuring politics
What is the counterfactual
Competing discourses of rights
Digital constitutionalism
Why are the judgments getting longer and more technical?
Which areas of EU law are most prone to strategic litigations?
Recommendations to students
In previous 83rd episode (published last Tuesday) we discussed with Justin Lindeboom relationship between competition law & legal theory LINK. In the next 85th episode (to be published next Tuesday) we’ll have a conversation with Massimiliano Kadar Head of Unit at DG COMP on Draft Guidelines on the application of Article 102 to abusive exclusionary conduct by dominant undertakings.
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The Digital Markets Research Hub is an independent academic initiative aiming at scrutinising the functioning of competition/regulation in digital markets. We host one-to-one interviews with leading policymakers, regulators and practitioners. We also organise online mini-workshops inviting high-profile experts and academics in various fields of digital competition law & policy to discuss the most vibrant issues of the ongoing regulatory reforms in digital markets. While having our clear normative stand on the matters discussed within the hub, we value different views and invite relevant stakeholders and thinkers representing the whole spectrum of reasonable positions on how to regulate competition in digital markets. All our materials are available at RU-vid channel, which you are very welcome to subscribe to. This panel is organised & conducted by Prof. Oles Andriychuk, School of Law, University of Exeter.
8 окт 2024
