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By Anastasia Karatzia, Essex Law School
Dr. Anastasia Karatzia and Dr. Menelaos Markakis (Erasmus University Rotterdam) jointly published an article in the Common Market Law Review titled ‘Financial assistance conditionality and effective judicial protection: Chrysostomides‘.
The article is a commentary on the ECJ’s judgment in the case of Council v K. Chrysostomides & Co. and Ors. It analyses the reasoning behind the ECJ’s findings regarding the legal nature of the Eurogroup, explores the implications of these findings for the accountability of the Eurogroup, and looks at the justiciability of the actions of the Council, Commission, and ECB in the context of the financial assistance programme for Cyprus and the EMU more generally speaking.
The authors argue that the ECJ could have concluded that the Eurogroup is an EU institution within the meaning of Article 340(2) TFEU and that the theoretical possibility to hold the other EU institutions involved in financial assistance programmes accountable for their actions does not always suffice to guarantee the effective judicial protection of aggrieved individuals. This is the culmination of years of research on the topic of judicial protection in financial assistance given to EU Member States.
The article can be accessed in full here.
Image credit: e-elgar.com
Dr Jessica Lawrence of Essex Law School and Professor Marija Bartl of Amsterdam School of Law have recently produced a jointly edited book publication with Edward Elgar titled The Politics of European Legal Research: Behind the Method. This book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. It offers a new perspective on the underlying politics of method and identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.
In addition to her editorial role, Dr Lawrence contributed chapter 2 of the book titled ‘Governmentality as reflexive method: excavating the politics of legal research’. Here, she argues that researchers should be conscious of the impact that their ontological, epistemological, political, and normative commitments have on their work, and maintain an awareness of the fact that these assumptions are contingent, constructed, and politically significant. She argues that consciousness of these impacts is a tool researchers can use to better examine the forms of knowledge they (re)produce to determine what type of order, and what type of politics, they perpetuate.
Further information on this book can be found here.