‘Sharing Power and Responsibility: On the Role of European Courts in EU Soci(et)al Challenges’
Jos Hoevenaars was interviewed for the Dutch magazine for the legal profession ‘Het Advocatenblad’ about his insight into the experiences of lawyers who find themselves litigating before the European Court of Justice after their case is referred though a reference for a preliminary ruling. In the interview (freely translated: ‘Court of Justice? Experience Needed!’) he discusses his empirical research among Dutch lawyers and paints a picture of generally overwhelmed professionals scrambling for assistance among EU law scholars, while making the best of their opportunity to plead before the ECJ, often in opposition to a group of well-trained EU law experts appearing on behalf of intervening Member States. His work on the reference procedure highlight the inequality in representation before the ECJ and its potential negative impact on the Court’s caselaw and its national consequences.
Published: May 24, 2019
On May 23 and 24, Jos Hoevenaars joined the community of scholars working on the role of the ECJ for the seminar ‘Sharing Power and Responsibility: On the Role of European Courts in EU Soci(et)al Challenges’ at Helsinki University in Finland. The seminar focused on the role of the ECJ in responding to social challenges as well as on national point(s) of view in terms of how national courts (do not) mobilise EU law to affect change in socio-economic yet ultimately legal situations – or legal yet ultimately socio-economic – which they consider problematic. Jos was invited to present his work on the ECJ and empirical insights into the preliminary reference procedure. His contribution focused on the advantages of in-depth bottom approaches to litigation in the European sphere and the role of individual litigants in shaping the European legal field through the ECJ’s jurisprudence.