Research Plan

 

The Court of Justice in the Archives project is currently working with 12 cases whose dossiers have been redacted and released. These cases cover the Community Law areas of:

  • free movement of workers; Case 41/74, van Duyn and Case 149/79, Commission v Belgium
  • free movement of goods; Case 8/74, Dassonville
  • judicial procedure and access to justice; Case 25/62 Plaumann and Case 244/80, Foglia v Novello
  • gender equality; Case 43/75, Defrenne II
  • the powers of the institutions; Case 9/56, Case 10/56, Meroni I, Meroni II
  • the constitutional structure; Case 106/77, Simmenthal
  • external relations; Opinion 1/75 and Case 22/70, ERTA
  • competition law; Joined Cases 56/64 and 58/64, Consten and Grundig v Commission

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The cases selected all still resonate in contemporary EU judging and legal scholarship. They span from the early judgments of the Court to the end of the period for which the dossiers are open. They cover a range of ways of gaining access to the Court of Justice: preliminary references, annulment actions, applications for interim measures, inter-institutional litigation, infringement proceedings and Opinions. Therefore, we have selected cases which remain influential and which exhibit useful variation along a range of characteristics of theoretical interest.

Professors with expertise in historical approaches to the Court of Justice from different disciplinary vantage-points will oversee each group of cases. Our goal is to match a specialist EU legal scholar for each group of cases with a scholar from either legal history or sociology. These two professors will oversee the work of the researchers hired by the project to analyse the dossiers.

In April 2019 the project recruited 11 late-stage doctoral researchers. In June 2019 the project organised a Master Class where the researchers were introduced to the different disciplinary approaches that this project wishes to deploy.

The analysis of the dossiers will be carried out during Autumn 2019.