Europe re-interpreted the Court of Justice as narrator of the self-governing polity

Abstract

Most commentators of the jurisprudence of the European Court of Justice law are strongly influenced by the predominant ‘liberal constitutional’ narration of the Union polity, which envisions the creation of a European federation that supersedes Member State sovereignties and protects European Union citizen’s individual rights. Against this background, it is not surprising that most commentators usually identify and praise stories underlying the jurisprudence of the Court of Justice that promote the creation of such a ‘liberal constitutional’ entity or identify and criticize stories that run counter this integrative dream. This dissertation will display that there are many other ways to narrate the jurisprudence of the Court of Justice beyond this entrenched ‘liberal constitutional’ imaginary. In particular, this dissertation will show that the case law of the Court of Justice cannot only be narrated as giving expression to a picture of the Union polity as one concerned with the transfer of powers and individual rights, but also as one concerned with solidaristic markets (Laval case), forgiving conduct in European citizens (Google Spain case), duties of reciprocal respect and tolerance (Sayn-Wittgenstein case), and the dutiful and devoted male caretaker (Roca Álvarez case). By disentangling these uncharted stories underlying the jurisprudence of the Court of Justice, this dissertation aims to open new windows into life in the Union polity, which the ‘liberal constitutional’ imaginary is not capable of disclosing. It aspires to provide alternative pathways to narrate the Union polity and enrich Union citizen’s imagination as a crucial requisite for the development of a vibrant discourse on the future(s) of European integration.