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‘Corrubedo’ is one of many stories Ben Judah tells in This is Europe: The Way We Live Now. It follows Graña, a fisherman from the titular Galician town who, faced with the erosion of his community, is forced to answer what Martha Nussbaum terms a ‘tragic question’ and joins the crew of Kunlun, a vessel sailing to Antarctica to poach Patagonian toothfish. Given the ubiquity of European law, in this article we interrogate its role in shaping the choices available to him and his everyday. We critically examine the Common Fisheries Policy and the IUU Regulation, highlighting their disconnect from the complex social and ecological contexts they seek to regulate, as well as the ensuing forms of alienation. These, we argue, hinting at the principle of subsidiarity, could be overcome through a reflexive law and policy that attends to the voices and lived experiences of those it most directly affects. We thereby hope to contribute to a collective inquiry into the law of the everyday in Europe, revealing the everyday as the site where the costs of governance accumulate and where ‘tragic questions’ are lived rather than resolved.
This Article examines the persistent gaps in the protection of trans and non–binary people against discrimination in European Union law, situating its analysis within a broader socio–legal context marked by rising anti–gender rhetoric and uneven national safeguards. Drawing on recent empirical data, including the 2023 FRA LGBTIQ Survey, it highlights the disproportionate levels of discrimination, violence, and harassment experienced by trans and non–binary individuals across the EU, as well as the growing political hostility that shapes their lived realities. Against this backdrop, the Article assesses the current EU legal framework—primary law, the Charter of Fundamental Rights, and secondary legislation—and demonstrates that explicit protection on the grounds of gender identity and gender expression remains absent. It then analyzes the evolving case law of the Court of Justice of the European Union, which has gradually interpreted the prohibition of sex discrimination as extending to certain forms of discrimination against trans persons, while still leaving significant blind spots, particularly for non–binary individuals. Building on recent jurisprudential developments, the Article explores the potential for a more inclusive and expansive reading of “sex” within EU equality law, arguing that such an approach could provide robust protection for all individuals facing discrimination based on gender identity or expression. Finally, it addresses the complex normative and doctrinal challenges that arise when balancing the interests of cisgender women with those of trans and non–binary people under the umbrella of sex–based equality. Positioned within a human–rights–oriented and social–justice–driven framework, the Article ultimately calls for renewed legal and political commitment to ensuring that EU equality law effectively safeguards the rights of trans and non–binary individuals.
The EU chose “anti-corruption” to target a particular mode of citizenship acquisition: citizenship by investment. The fact that no other mode of acquiring citizenship has been actively stigmatised through “corruption” rhetoric, including discretionary naturalisations based on economic contributions, suggests that corruption was by no means the European Commission’s main concern. The high importance of citizenship could indeed carry corruption risks associated with it. This, however, cannot be the sole ground for closing particular avenues for naturalisation. Improving the enforcement of the rule of law and the effective implementation of anti-corruption mechanisms are more suitable approaches. Fighting “corruption” served as a rhetorical device deployed by the Commission to stop the supposedly corrupting effects of investment naturalisations on the ethno-nationalist Eurowhiteness model, which this institution, together with the Court of Justice, has chosen for Europeans in direct departure from the law in force. “Anti-corruption,” thus, helped achieve institutional ends unrelated to either fighting corruption or reinforcing the rule of law and other values in the EU.
Reference: Case C-155/24, Nederlandse Voedsel- en Warenautoriteit and Others v Stichting Rookpreventie Jeugd [2026] EU:C:2026:327 Headnote: Based on the principle of the rule of law set out in Article 2 TEU, international standards referenced in an EU legislative act, being binding, must be freely accessible via a system that is “general, effective, without charge and non-discriminatory.” The costs for setting up such a system must be borne by the European Union. Legislation: Article 4(1) Directive 2014/40 of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC.
This article advances a doctrinal reinterpretation of the social dimension of the 1951 Convention Relating to the Status of Refugees. It challenges the assumption that bilateral social security coordination mechanisms operate as neutral instruments of transnational administration, arguing that, in situations of forced migration, they may instead function as structural barriers to the effective enjoyment of refugee rights. It argues that Articles 24 and 25 of the Refugee Convention require host states to ensure effective access to social security through functional substitution. The article concludes that refugee protection requires protection-sensitive social security coordination consistent with international and European legal obligations.
This chapter introduces Governance by Emulation, a framework analyzing how public law models, particularly administrative and constitutional mechanisms like individual rights adjudication, are reproduced in private and regulatory governance. Focusing on corporate-controlled content moderation, it examines the European Union’s out-of-court dispute settlement bodies (ODSs) under the Digital Services Act and Meta’s Oversight Board–conceptualized as Emulated Guardians. These institutions borrow the legitimacy of courts to regulate novel, bureaucratic private power structures while addressing public demands for accountability. Grounded in law, sociology, and political science, the chapter outlines the book’s methodology and contributions. It delves into four inquiries: the actors involved, their tasks, the power they seek to discipline, and how public law principles are adapted for private governance. These dynamics highlight emulation’s duality: it promises innovation yet risks performative legitimacy devoid of substantive reform. By situating Emulated Guardians within broader global governance challenges, this chapter frames content moderation as a microcosm of future issues in sectors like AI, biotechnology, and space exploration. It concludes that while governance by emulation addresses urgent accountability demands, its efficacy depends on public engagement and institutional evolution, offering a critical lens to assess emerging accountability structures beyond state control.
How can we regulate private power in a globalized, digitized world where state-centered sovereignty, territorial boundaries, and traditional legal frameworks fall short? This introductory chapter provides an overview of the book, its arguments, methodology, and contributions, addressing the urgent need for accountability mechanisms to tame the increasingly unilateral global governance by a handful of corporations. Focusing on content moderation, it examines two key case studies: the EU’s Digital Services Act (DSA) and Meta’s Oversight Board. Both exemplify “emulation,” where public law mechanisms, particularly constitutional and administrative, are adapted to private governance.
Analyzing these “Emulated Guardians”–institutions borrowing the legitimacy of courts while operating in private or hybrid contexts–this book highlights their reliance on performativity and public perception to assert authority. Through interdisciplinary analysis, empirical findings, and expert interviews, the book reveals the ambivalent outcomes of emulation: promising tools for accountability yet sometimes lacking practical efficacy. Ultimately, this work frames these mechanisms as harbingers of new accountability norms, arguing that governance in the digital age demands not only novel institutions but also robust public engagement. It situates these developments within broader debates about power, legitimacy, and the evolving role of public law ideals in globalized, networked environments.
This afterword examines the intersections between the green and digital transitions within EU law and argues for the development of a coherent regulatory framework capable of addressing their interdependence. Drawing on the contributions to the special issue, it identifies a number of common challenges, including tensions between market structures and the protection of fundamental rights, the environment and the climate, the limits of anthropocentric approaches to regulation and the increasing relevance of interdisciplinary expertise in law-making and adjudication. The paper further distinguishes between two forms of conflict arising from the twin transitions: normative conflicts between overlapping regulatory regimes and substantive conflicts concerning the negative consequences of one transition on the other. To address these issues, the afterword proposes a “pointillist” approach grounded in the coordinated and teleological interpretation of EU law. Finally, it suggests that impact assessment regimes provide a particularly promising case study for future research on theintersections between the twin transitions.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
Viewed as crucial to the process of European integration, domestic judicial dynamics drew the attention of empirical scholars early on. Participation in the preliminary ruling mechanism and the motivation of domestic judges to engage the Court of Justice, in particular, have formed a central theme of this scholarship. The accumulated research and data have helped unearth valuable insights about patterns of conflict and co-operation in the emerging multi-level legal order, casting a wider light on issues, litigation, and institutional determinations of legal integration. Some unmapped areas have remained, most notably regarding EU law use outside Article 267. While driving the empirical exploration of EU law, this body of scholarship has also suffered from theoretical and methodological limitations.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
This chapter offers an overview of the varieties of data that are used in EU law scholarship alongside an overview of the associate research methods employed to analyse it. Based on a systematic literature review of 248 academic articles in the area of EU law and EU courts specifically, it addresses two questions: first, what data sources and methods are the most prevalent in EU law? Second, what are the advantages and pitfalls of different data sources and research methods and how can an understanding of these improve the study of EU law? Finally, the chapter seeks to stimulate a critical discussion of the extent to which emerging and non-traditional data sources both complement and challenge the traditional understandings of what counts as law. The chapter starts with an overview of the most commonly used source of data in EU legal research on courts – courts’ case law – before turning to other, less traditional sources of data in EU law such as interview and survey data, and data based on official statistics, newspapers, and courts’ websites.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
Political scientists have discovered the European Court of Justice, but has it discovered law? We address this enduring question, first posed by Armstrong in 1998, by tracing the evolution of law in political science work on the CJEU, from a concept understood in rudimentary terms as an external constraint on judicial behaviour to more recent nuanced accounts of legal concepts, doctrine, and judicial practices. While political science has come closer to the nuts and bolts of CJEU decision-making, we argue that there is untapped potential in exploring the multidimensionality of legal cases and the micro-level details of legal interpretation and adjudication.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
In recent years there has been a growing interest within the field of empirical legal studies in employing experimental methods to analyse the functioning of EU law and institutions. While this approach remains largely limited to social science topics – primarily examining the impact of EU law enforcement on public opinion – it holds significant potential for broader applications. This chapter aims to review these contributions and the methodological intricacies of experimental research in EU law, providing researchers with an understanding of its advantages and limitations. Through a systematic examination of contemporary experimental studies, it identifies emerging trends and research questions. The chapter further explores the various types of experiments available in this field – such as surveys, lab, and field experiments – evaluating their capacity to deepen our understanding of EU legal decision-making and policy-making processes. It also considers potential themes for future empirical investigation of EU law. By exploring these topics, this chapter contributes to the methodological advancement and empirical rigour of the multidisciplinary scholarship devoted to the empirical study of EU law. It offers valuable insights for scholars seeking to leverage experimental methodologies in their pursuit of evidence-based analyses of EU law and its policy impact. Ultimately, this comprehensive review serves as a foundational resource for scholars, policy-makers, and practitioners keen on advancing empirical research in the dynamic landscape of EU law.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
EU legal scholarship has contributed to the construction of the EU legal order as we know it. The references to academic works in Advocate Generals’ opinions are a testament to the co-operation between academia and EU institutions. The focus of EU law scholars on the EU Court of Justice has driven a type of EU law scholarship which is chiefly doctrinal. Yet, under the influence of US legal scholarship, empirical methods have started colonising EU legal research. Empirical approaches have enriched EU doctrinal work and unveiled under-explored aspects of the EU’s functioning. Thus started the ‘competition’ between the doctrinal and the empirical within EU law scholarship. To solve the methodological impasse, co-operation between methods would seem the most sensible approach in view of higher epistemological gains. However, this chapter demonstrates that methodological synergy may not solve the challenge of identifying the most comprehensive and accurate research method to study EU law so easily. It does so by offering critical reflections on the epistemological limits of empirical doctrinal methods, and a novel perspective on the empirical underpinnings of EU legal doctrinal scholarship. Ultimately, the chapter invites EU law scholars to adopt methodological modesty, as the boundaries between methods may not be as clear-cut as one would think, especially in EU law research.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
The growing popularity of empirical legal studies (ELS) in the EU has gone hand in hand with increasing resistance against the new movement. This raises the issue as to whether, and what precisely, empirical legal research adds to our understanding of EU law. The chapter argues that the contribution is three-fold. First, ELS allows us to investigate old questions about EU law which we have always been asking, but with different – often better suited – tools. Second, it adds important new questions to the research agenda that had previously escaped scholarly attention. Third, it extends the concept of EU law, making it richer and more inclusive. This intellectual acquis is its strength but also makes ELS susceptible to two lines of critique. Some may see it as going too far, methodologically and substantively, from existing legal scholarship and discourse, others as not going far enough.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
How should scholars use the interviews they conducted for a research article or a book chapter? Is there a recommended style or format for presenting findings from qualitative research? Throughout the author’s ten years of interviews, these questions have seldom been raised. In every research process, there comes a point when authors turn to their data to begin writing about it, and yet this writing phase is rarely reflected upon in any meaningful way. This chapter offers some thoughts on the use of interviews in EU legal research. It first discusses expert interviews as a distinct category, particularly relevant to EU legal researchers. Expert interviews in EU legal scholarship typically address complex, embedded situations involving influential political and legal figures who are especially vulnerable to breaches of anonymity. These interviews are often part of research with significant policy relevance and implications beyond academia. The chapter then discusses how such expert interviews can be used. It provisionally explores three guiding principles: situatedness, transparency, and integrity for qualitative legal researchers writing both about and with interviews. It is fair to warn, however, that none of these principles offers quick fixes or guarantees of academic recognition or accolades.
Ecological restoration is increasingly recognized as essential for combating the biodiversity and climate crises. However, restoration activities can also produce or exacerbate social and environmental injustices. This article explores the extent to which the European Union’s 2024 Nature Restoration Regulation (NRR) enables ‘just ecological restoration’. Drawing on the three dimensions of environmental justice – distributive, recognitional, and procedural – we assess whether the NRR adequately includes justice considerations. Our analysis finds that while the Regulation includes several justice-relevant provisions, many are implicit and lack enforceable guarantees. Disparities in expected costs and benefits raise concerns over distribution, limited safeguards may exclude marginalized communities, and participation mechanisms vary across Member States. The potential of the NRR to foster fair and inclusive restoration depends largely on how Member States implement their national restoration plans and whether the European Commission provides clear guidance and support to ensure socially responsible action.
Energy dependence and rising pollution from the energy sector have compelled states to re-evaluate their energy policies and legal frameworks in favour of sustainable energy development. In this context, energy transition emerges as a strategy to achieve global climate goals while ensuring energy security. However, making the energy transition a “just transition” presents numerous challenges. These challenges are growing as innovation in the energy sector accelerates, with digitalisation presented as a tool to drive the energy transition and optimise current energy systems. This trend has been integrated into the EU’s policy objectives and regulated by the EU’s legal framework. However, this political decision has sparked ethical and legal debates about the digital transformation of the EU energy sector, particularly regarding energy justice. By analysing instruments in the EU’s policy and legal framework, this paper addresses the intersection of the twin transitions through the lens of energy justice. Therefore, this study assesses the EU policy and legal framework of twin transitions from an energy justice perspective. The geographical scope of this research covered the EU. The methodology includes doctrinal legal research. The conclusions of this research encompass an assessment of selected EU policy and legal instruments applicable to the twin transitions.
It was a turning point in the history of European integration and a unique moment for the first President of the European Commission, Walter Hallstein. On 16 June 1965 in the afternoon, Hallstein appeared before the European Parliament (EP) to express his strong support for the constitutional interpretation of European law launched by the European Court of Justice (ECJ) in the new Van Gend en Loos (1963) and Costa v ENEL (1964) judgments. Here the ECJ had controversially assumed the competence to define the relationship between European law and national constitutional orders. By doing so the ECJ sidestepped the respective constitutional clauses of the member states on how to receive international (and European) law. Primary legal norms from the founding treaties, when clear and unambiguous, would have direct effect inside the legal order of the member states as well as primacy vis-à-vis national legislation, whether precedent or antecedent. This was a remarkable breakthrough for a constitutional interpretation of European law.
Regulating emerging technologies involves balancing the mitigation of risks with the promotion of innovation; a balance frequently seen as a zero-sum “dilemma of control.” Regulatory sandboxes offer a practical way to address this dilemma by enabling controlled, evidence-based testing of new technologies. In this article, we examine the regulatory sandbox framework introduced by the EU Artificial Intelligence Act (AIA). We argue that the AIA’s multi-level governance structure represents a shift from traditional sandbox models by prioritising regulatory learning over technological disruption and expanding public interest considerations to include strategically aligned commercial innovations. Afterwards, we identify governance challenges across three sandbox phases – pre-testing, testing and post-testing – and propose structured solutions. Our analysis suggests that effective sandbox governance requires specific mechanisms: tailored entry criteria, precise pipeline placement guidance and multi-agency coordination in pre-testing; experimental realism and continuous risk classification updates during testing and clear graduation criteria with robust transition support in post-testing.
For as vivid the academic debate around issues of algorithmic bias, discrimination and unfairness has been in the context of EU law, little attention has been paid thus far to the way in which such instances have been dealt with by courts. This article examines from a non-discrimination law perspective how domestic courts of Member States as well as the European Court of Justice have approached cases of algorithmic bias in automated decision-making, by focusing on the judges’ engagement with discrimination-related considerations. For the purposes of my analysis, I propose a taxonomy of judgments dealing with cases of algorithmic bias and analyse a number of examples accordingly to showcase the distinct features of each category. In this regard, a first distinction is drawn between judgments relating to cases of ‘algorithmic discrimination’ and those concerning cases of ‘unfair algorithmic differentiation’. Depending on the extent to which courts take into account any risks of discrimination in the cases falling under the second category, I further distinguish between judgments of ‘discrimination reflection’, those of ‘discrimination awareness’, and those of ‘discrimination silence’. On the basis of this classification, I then attempt to shed more light on how non-discrimination and data protection law may interact with each other in practice in cases of algorithmic bias. Finally, the article concludes with some reflections on the prevailing tendency to address equality concerns through recourse to data protection rules.