References of "Fritz, Vera 50034046"
     in
Bookmark and Share    
Full Text
Peer Reviewed
See detailActivism on and off the bench: Pierre Pescatore and the law of integration
Fritz, Vera UL

in Common Market Law Review (2020), 57(02), 475-502

This article examines the life and career of Pierre Pescatore, one of the most prominent, but also controversial, promoters of European Community law. Drawing on extensive archive material, as well as ... [more ▼]

This article examines the life and career of Pierre Pescatore, one of the most prominent, but also controversial, promoters of European Community law. Drawing on extensive archive material, as well as interviews with relatives, it aims at understanding how and why he left such a strong footprint on the development of Community, later EU, law, both as a judge at the European Court of Justice and as a law scholar. Going beyond a one-man story, the article situates him in the broader context of the 1970s bench of judges in order to understand the so-called “activism” which the ECJ revealed during this decade. Thus, looking through the lens of one of the leading figures of the Court, it provides new explanations as to why the ECJ’s case law was so provocatively pro-integrationist during the 1970s. [less ▲]

Detailed reference viewed: 73 (4 UL)
See detailUsing judge biographies together with the CJEU's archives
Fritz, Vera UL

Presentation (2020, February 20)

Detailed reference viewed: 48 (2 UL)
See detailThe Belgian Judges in the early history of the European Court of Justice (1951-73)
Fritz, Vera UL

Presentation (2019, April 11)

Detailed reference viewed: 30 (0 UL)
See detailLa légitimité des "juges-experts" de la Cour européenne de Justice 1952 - 1972
Fritz, Vera UL

in ALBE, Virginie; COMMAILLE, Jacques; LE BOT, Florent (Eds.) L'échelle des régulations politiques, XVIIIe - XXIe siècles (2019)

Detailed reference viewed: 53 (1 UL)
See detailBiographies as a methodology to unveil the politicization of the Court of Justice of the EU
Fritz, Vera UL

Presentation (2018, September 21)

Detailed reference viewed: 42 (5 UL)
See detailJuges et avocats généraux de la Cour de Justice de l’Union européenne (1952 – 1972). Une approche biographique de l’histoire d’une révolution juridique
Fritz, Vera UL

Book published by Vittorio Klostermann (2018)

Drawing on archives gathered in the six founding member states of the European Union, this book offers a new perspective on the "constitutionalization" of the European treaties, which was launched in the ... [more ▼]

Drawing on archives gathered in the six founding member states of the European Union, this book offers a new perspective on the "constitutionalization" of the European treaties, which was launched in the 1960s by the Court of Justice of the EU. By highlighting the professional and personal backgrounds of the first European judges and advocates general, its author studies the dynamics which prevailed within the institution during its "revolutionary" years and analyzes the Court’s relationship with the Member States of the European Communities. Through a detailed study of the selection process of the members of the Court, it also provides new answers to the question of whether governments tried to put an end to its bold jurisprudence. [less ▲]

Detailed reference viewed: 72 (7 UL)
Full Text
See detailRobert Lecourt (1908 - 2004)
Fritz, Vera UL

Presentation (2018)

Detailed reference viewed: 140 (11 UL)
See detailBypassing (a lack of) archives: a prosopography approach of the history of the European Court of Justice, 1950s-1970s
Fritz, Vera UL

Presentation (2018)

Ever since its landmark decisions Van Gend en Loos and Costa v. ENEL, the European Court of Justice (ECJ) has played a key role in the so-called ‘constitutionalization’ of the European legal order. The ... [more ▼]

Ever since its landmark decisions Van Gend en Loos and Costa v. ENEL, the European Court of Justice (ECJ) has played a key role in the so-called ‘constitutionalization’ of the European legal order. The fact that its jurisprudence has given EU law a proto-federal framework has been demonstrated, analyzed and commented in countless publications by legal scholars and social scientists, who have tried to grasp how the ECJ could consistently pursue its active prointegration path without provoking a rebellion by the Member States. In the historiography of the EU, however, the ECJ was for many decades largely absent. The main reason for this absence is the Court’s long-standing lack of willingness to give researchers access to its archives. It was only in 2016, that the first archival documents from the ECJ were made available to the public at the Historical Archives of the European Union in Florence. Long awaited, they reveal little about the functioning of the Court. This paper presents how I have in my research used a prosopographical approach to raise the following challenge: if the ECJ does not (really) let us inside via its archives, can we get inside by studying those who worked at the Court, and above all, the main protagonists behind its case law, the judges? Could an investigation of their social and professional backgrounds, a study of their networks and convictions towards European integration, the analysis of their academic writings and personal papers, give us an unprecedented peak behind the curtains of European judicial decision-making? This presentation shows that (and how) knowing more about the judges reveals a lot about the functioning of the ECJ in the period in which it laid the foundations of the constitutionalization (1950s to 1970s). By providing key insights on the visions that the first generations of judges had on Europe and their role in the European constructions process, it reveals the dynamics that prevailed inside the Court and explains why the bench of judges became outright provocative in the 1970s. The prosopographical approach also brings to the surface new knowledge on the Court’s relationship with the Member States of the European communities. By laying bare why the first and highly decisive European judicial decision-makers were chosen by the governments, the collective biographies give new insights into the Member States’ expectations with regard to the institution and their reaction towards its provocative case law. Finally, the prosopographical approach reveals that the ECJ had a very active political network, which it used to pursue its strategic legal and political interests, and make sure that it would in its jurisprudence not go to a point where it risked being overthrown by the governments. [less ▲]

Detailed reference viewed: 48 (2 UL)
Peer Reviewed
See detailTessili vs Dunlop 1976: The Political Background of Judicial Restraint
Fritz, Vera UL

in Fernanda, Nicole; Davies, Bill (Eds.) EU Law stories: Contextual and critical histories of European Jurisprudence (2017)

Detailed reference viewed: 80 (2 UL)
Full Text
Peer Reviewed
See detailThe First Member State Rebellion? The European Court of Justice and the negotiations of the 'Luxembourg protocol' of 1971’
Fritz, Vera UL

in European Law Journal (2015), 21(5), 680-699

This article delves into the history of the negotiations of the ‘Luxembourg protocol’ of 1971, which conferred jurisdiction upon the European Court of Justice (ECJ) for the interpretation of the 1968 ... [more ▼]

This article delves into the history of the negotiations of the ‘Luxembourg protocol’ of 1971, which conferred jurisdiction upon the European Court of Justice (ECJ) for the interpretation of the 1968 Brussels convention. The protocol provided a preliminary ruling procedure that had undergone restrictive modifications in comparison with the European Economic Community (EEC) treaty’s original (Article 177). Some have, therefore, interpreted the outcome of the negotiations as a sign that the mechanism was being criticised in national administrations. This article will, for the first time, bring to the surface archival evidence to explain why the protocol contained an altered version of Article 177 EEC. Furthermore, it will reveal that the governments’ experts’ intention to limit the procedure in the protocol caused serious concern inside the ECJ, of which some members consequently repeatedly urged national decision-makers to opt for formulas identical with Article 177 EEC. [less ▲]

Detailed reference viewed: 72 (2 UL)