This collection examines what ‘critical theory’ as a distinct intellectual tradition in social, political, and legal thought contributes to the study of EU law and to the future of the European project.Covering a broad range of substantive fields of EU law and the history of legal integration, including constitutional law, the design of monetary union and economic law, fiscal integration and taxation, labour law, fundamental rights and anti-discrimination law, gender equality, migration law and policy, data protection, and the Common Foreign and Security Policy (CFSP), the volume illustrates how a more rigorous engagement with critical theory helps to navigate the post-crisis European legal landscape. The contributors bring fresh, thoughtful, and innovative perspectives to EU law and theory, diagnosing the deep-seated challenges facing contemporary EU law and reimagining the emancipatory possibilities still available for it.
Päivi Johanna Neuvonen is Associate Professor in European Law at Durham University, UK.Paul Linden-Retek is Associate Professor of Law and Co-director of the Buffalo Human Rights Center at the University at Buffalo School of Law, The State University of New York, USA.
1. Preface: Critical Theory and European Union Law, Päivi Johanna Neuvonen (Durham University, UK) and Paul Linden-Retek (University of Buffalo, USA)2. Emancipation, Immanence, Utopia: The Critical Project in EU Law, Päivi Johanna Neuvonen (Durham University, UK)3. Critical Histories and the Uses of the Past in European Law, Kaius Tuori (University of Helsinki, Finland)4. Down on Politics: How the Tension between Democracy and Capitalism Went Missing in Frankfurt and How It Might Be Recovered, Michael A Wilkinson (London School of Economics, UK)5. Critique of the Political Economy of the Euro Monetary Constitution, Marco Goldoni (University of Glasgow, UK)6. Emancipation Entrapped? The Social Model of Democratic Capitalism and the Europeanisation of the Power to Tax, Jussi Jaakkola (University of Turku, Finland)7. Critical Theory and European Labour Law: Insights from the Past, Rebecca Zahn and Meemi Matero (University College Dublin, Ireland)8. EU Anti-Discrimination Law through the Lens of Critical Theory, Raphaële Xenidis (Sciences Po Law School, France)9. Critical Legal Feminism in EU Law: A Post-State-Socialist Perspective, Barbara Havelková (University of Oxford, UK)10. A Critique of EU Data Protection Law: Focusing on Data Instead of Individuals, Susanna Lindroos-Hovinheimo (University of Helsinki, Finland)11. A Philosophy of Domination and Emancipation: Reimagining EU Foreign Policy through Critical Theory, Luigi Lonardo (University of Luxembourg)12. Critical Theory and EU Migration Law: Navigating the Field and Mapping New Territory, Alezini Loxa (New York University, USA)13. A Postnational Bearing: Europe’s Legal Form and the Hope of Constitutional Critique, Paul Linden-Retek (University of Buffalo, USA)Epilogue: ‘Inside Out’ On the possibilities of Immanent Critique in EU Law, Sarah Glaser, Luca Tenreira (European University Institute, Italy), and Jacob van de Beeten (New York University, USA)