1,720,956 research outputs found
A tale of four crises : the European Court of Justice's response to crises
Full text linkPublished online: 27 February 2025While the European Union was recently affected by four major and multifaceted crises which gave rise to litigation, the response of the European Court of Justice to these events has remained understudied. From a close reading of the procedural features, the legal reasoning and timing of four key judgments concerning measures adopted in the wake of the Eurozone crisis, the migration crisis, Brexit, and the COVID-19 pandemic, this article sketches a broader narrative about the Court’s response to crises which transcends the specificities of the legal issues and the context of each case. The findings suggest that the Court is likely to adjudicate a crisis case by applying the expedited procedure depending on political developments, assign a larger chamber, carefully justify its reasoning with references to settled case-law, conduct a context-sensitive balancing exercise, and deliver a decision at a politically relevant time.This article was published Open Access with the support from the EUI Library through the CRUI - CUP Transformative Agreement (2023-2025
Crisis jurisprudence : the legal interpretation of European citizenship during the financial crisis and Brexit
No full textDefence date: 30 January 2026Examining Board: Prof. Urška Šadl (European University Institute, supervisor); Prof. Bruno de Witte (European University Institute); Prof. Daniel Naurin (University of Oslo); Prof. Niamh Nic Shuibhne (University of Edinburgh).As the European Union’s (EU) long crisis decade unfolded, EU institutions adapted and, when necessary, drastically changed their practices to address crisis demands. The Court of Justice of the European Union (the Court) is no exception. Its reasoning in cases concerning crisis measures displayed notable creativity. Yet the Court’s broader response to crises, beyond its adjudication of crisis-related cases, remains understudied. While existing scholarship has alluded to a link between political developments and the Court’s jurisprudential shift in citizenship, it remains unclear under what conditions, and through which mechanisms, it responds to crises. The thesis investigates whether the Court’s interpretation of European citizenship rights, specifically its choice of legal basis, its citations to earlier decisions, and the timing of its judgments, during the financial crisis and Brexit differs from ‘normal times’ and is contextually calibrated. It presents the first empirical study of all citizenship judgments, using mixed-methods to unveil general patterns and detailed mechanisms in the Court’s interpretation of European citizenship rights across two crises that challenged the EU’s political order. The findings reveal a fundamental and strategic shift in the legal basis, the citations, and timing of citizenship judgments which temporally mirrors and substantively responds to crisis developments. The Court’s legal response to crises emerges as contextsensitive and dynamic, alternating between interventionist and deferential approaches based on the stage of the crisis, the broader context, and the interests at stake. The key scholarly contribution lies in conceptualising this shift as a crisis jurisprudence: a distinct form of adjudication where the Court “muddles through” a crisis by strategically adapting its use of pre-existing legal tools to intensified pressures, thereby issuing politically acceptable and legally defensible rulings. Crisis jurisprudence as an analytical lens provides a novel framework for understanding the Court’s nuanced responsiveness to contextual pressures across crises and legal domain.Chapter 3 'Legal basis' of the PhD thesis draws upon an earlier version published as an article 'Judicial Europeanisation through deconstitutionalisation : the case of the analogus application of the citizenship directive' (2024) in the journal 'European papers - a journal on law and integration' and chapter 4 'Citations' of the PhD thesis draws upon an earlier version published as an article 'Back to the future? The evolution of European social citizenship through the lens of citations' (2024) in the journal 'European journal of empirical legal studies
Back to the future? : the evolution of European social citizenship through the lens of citations
No full textPublished online: 23 May 2024In the aftermath of the Danojudgment, the scholarship unanimously identified a jurisprudential shift towards a more restrictive interpreta-tion of European citizenship, leading to the refusal of social assistance. Yet, the extent to which the observed shift in the approach of the Court of Justice of the European Union (the Court) permanently redirected the trajectory of European social citizenship remains understudied. The em-phasis placed on contextual causes hints at a possible return to the ear-lier approach if the political climate becomes more conducive to the de-velopment of European social citizenship. This article empirically revisits the Court’s citizenship jurisprudence from a novel perspective, that of citations. The research question seeks to determine if there is a funda-mental shift in the reference frame of citizenship judgments and the ex-tent to which the Court’s restrictive approach, observed in the 2010s, persists in recent judgments. All citizenship judgments delivered until October 2023 are examined by combining network and legal analysis. The findings reveal a fundamental and potentially strategic shift in the reference frame of citizenship judgments delivered from 2016 onwards compared to judgments delivered before. Crucially, despite the revival of social Europe in recent years,the Court has not returned to its pre-Danoapproach
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
Judicial Europeanisation Through Deconstitutionalisation: The Case of the Analogous Application of the Citizenship Directive
No full text(Series Information) European Papers - A Journal on Law and Integration, 2024 9(2), 529-55 | Article | (Table of Contents) I. Introduction. – II. The Court’s ability to influence policies. – III. Research design – IV. The analogous application of the Directive – IV.1. Periods of residence completed under Directive 68/360 – IV.2. Free movers returning to their Member State of origin – IV.3. Free movers naturalised in the host Member State – V. National responses to the analogous application of the Directive – V.1. Periods of residence completed under Directive 68/360 – V.2. Free movers returning to their Member State of origin – V.3. Free movers naturalised in the host Member State – V.4. Same-sex spouses – VI. Judicial Europeanisa-tion through deconstitutionalisation – VII. Concluding remarks. | (Abstract) The Court of Justice of the European Union (the Court) is often hailed as a pioneer in integration through law. Existing scholarship on the Court’s judicial power overwhelmingly focuses on constitu-tionalisation and the horizontal policy dimension. As a result, the judicial techniques behind the Court’s policy-making and the ensuing implications for domestic policies remain largely understudied. The re-cent deconstitutionalisation of EU law begs the question as to whether the Court can steer national policies through its case-law without constitutionalising policy outcomes. The Article responds to this gap, by empirically investigating the legal techniques underpinning the Court’s policy-making in a de-constitutionalised manner and the ensuing implications for Member States’ policies. The analysis exam-ines the legal reasoning in all cases where the Court applies the provisions of Directive 2004/38 by anal-ogy, as an example of the deconstitutionalisation process, and traces the responses of all Member States to the Court’s jurisprudence. The findings illustrate that the creation of rights through the analo-gous application of Directive 2004/38 enables the Court to diplomatically balance competing interests and is successful in generating judicial Europeanisation in the domain of migration
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