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Future-mapping the directions of European Union (EU) law: how do we predict the future of EU law?

Fahey, E. ORCID: 0000-0003-2603-5300 (2020). Future-mapping the directions of European Union (EU) law: how do we predict the future of EU law? (City Law School (CLS) Research Paper No. 2020/04). London: City Law School, City, University of London.


The paper introduces the Special Issue entitled ‘Future-mapping the directions of European Union law.’ The Special Issue aims to reflect upon the means to engage in future-mapping of an extraordinarily expanding field, with countless sub-disciplines emerging that increasingly demand esoteric expertise and new forms of collaboration to engage with it as a field. It invited participants to reflect upon ‘what’ and ‘how’, i.e. they map futures, inter alia, as a lexicon, methodology and end-point in their normative framing of their subject field. A new era of new analytical sources of the EU and its laws in digitised form provide an increasingly impressive functionality to look forward. It might certainly be the case that future predictions of the shape of EU law, where data-based are more robust than ever before. However, this temporal challenge of the future and its composite relationship to the past remains the nub of the complexity here. EU law scholars routinely operate as committed historians and eternal futurologists. The idea of the future is a vastly subjective exercise and the search for predictions of the future is a highly composite exercise here in EU law. The distinctiveness of EU law from a methodological perspective as a relatively recent subject with a highly dominant court is worth of significant attention. However, the limitations of a court-centric subject have been increasingly manifesting themselves. An innate tendency towards interdisciplinarity also characterises the new era of EU law. Yet court-centric-ness often dominates here also. The state of the art appears to agree but also be torn by the manner in which the subject has evolved. The paper advocates a non-court-centric future of EU law and a focus upon interdisciplinary methodology with EU law. It also advocates a new decade to advance critical studies of EU law.

Publication Type: Monograph (Working Paper)
Additional Information: This working paper has been accepted for publication in the Journal of International and Comparative Law. The definitive published version Fahey, E. (2020). Future-mapping the directions of European Union (EU) law: how do we predict the future of EU law. Journal of International and Comparative Law, 7(2), is to be available online on Westlaw UK.
Publisher Keywords: Methodology; future-mapping; EU law; Court-centric- CJEU- critical studies
Subjects: J Political Science > JN Political institutions (Europe)
K Law > K Law (General)
Departments: The City Law School > Academic Programmes
The City Law School > International Law and Affairs Group
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