The European Union is often depicted as a cradle of judicial
activism and a polity built by courts. Tommaso Pavone shows how
this judge-centric narrative conceals a crucial arena for political
action. Beneath the radar, Europe's political development unfolded
as a struggle between judges who resisted European law and lawyers
who pushed them to embrace change. Under the sheepskin of
rights-conscious litigants and activist courts, these
"Euro-lawyers" sought clients willing to break state laws
conflicting with European law, lobbied national judges to uphold
European rules, and propelled them to submit noncompliance cases to
the European Union's supreme court - the European Court of Justice
- by ghostwriting their referrals. By shadowing lawyers who
encourage deliberate law-breaking and mobilize courts against their
own governments, The Ghostwriters overturns the conventional wisdom
regarding the judicial construction of Europe and illuminates how
the politics of lawyers can profoundly impact institutional change
and transnational governance.
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