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European Law and SocietySlides Summary
1. Lecture: Introducing European Law and Society ................................................................................. 1
2. Lecture: The impact of Law on Society................................................................................................ 3
3. Lesson: Methods of socio-legal research ............................................................................................ 7
4. Lesson: Law making - the European legislative process ........................................................... 11
5. Lesson: Implementation of EU law .................................................................................................... 14
6. Lesson: European and national courts- Judiciary .............................................................................. 19
7. Lesson: Eurolegalism and the significance of European ................................................................... 23
,1. Lecture: Introducing European Law and Society
What is Law & Society?
Law and Society is the systematic study of the interaction between law and society
Sociological questions about law:
• What is the impact of law on society?
• How does society influence the law?
• How do legal institutions function?
• How do people use the law?
Examples of socio-legal questions about EU law:
• What influence do different actors (such as member states, industry, European parliament,
NGOs) have on the content of European legislation and regulations?
• How are European rules implemented and complied with by Member States?
• What factors explain compliance or noncompliance with European law?
• Do citizens and organizations use their Union rights and what obstacles do they experience?
• What are the effects of certain European regulations?
Why Law & Society?
• Insight into how law operates in and interacts with society
• Reflection: understanding legal system and institutions in social, cultural, and historical
contexts
• Sociological knowledge useful for legal professions
What is law?
Legal scholar/ lawyer:
Law consists of legal rules and their interpretation: legislation, regulations and case law
Law and Society scholar:
‘Law consists of the behaviors, situations and conditions for making, interpreting, and applying legal
rules that are backed by state’s legitimate coercive apparatus for enforcement’ (Vago & Barkan 2018,
p. 11)
Types of questions: two important distinctions
Example
Observation:
Most drivers in Sweden comply with speeding limits. The maximum speed is hardly ever exceeded. In
the Netherlands, a lot of people drive too fast, and many people take that for granted
Socio-legal question:
S e i t e 1 | 27
, • Why is compliance with maximum speed regulations in Sweden much higher compared to
the Netherlands?
Possible explanations:
• Are Swedish citizens more law-abiding than Dutch citizens?
• Are there more police patrols/ speed cameras in Sweden?
• Are fines in Sweden higher?
• Are there other sanctions in Sweden that people experience as more severe than fines?
• Are speeding limits in the Netherlands less known or less acceptable for drivers?
Study Question 3
• Explain the main differences between a law and society perspective and a legal perspective.
The Law and Society perspectives provides an connected viewpoint, within the context of the law is
tied to the society. Usually the work of the scholars are multidisciplinary or interdisciplinary. In
addition, law and society focus on private actors and these influence and enforce the law making.
The Law and society perspectives examens how a law both can reflect and impact culture, how a law
is historically and socially constructed and how inequalities are reinforced through different accesses
to legal procedures and institution.
In comparison the positive legal science recognizes the fundamentally political nature of law.
• Each group formulates 2 typical legal and 2 typical social science questions about European
laws and regulations
Social science Question: How does the different socio-economic situation of people affect the
outcome of an legal issue and are there differences in getting legal assistance?
Legal Question: How is the European Union defined and which institution enforces new laws?
Why European Law & Society?
Focus on the EU:
• Interesting example of cooperation between states
• Complex and important socio-economic entity
• EU law touches almost all aspects of law of member state
Example: Treaty of Rome introduced the principle of equal pay for men and women
• Equal pay was included in several international treaties (UN 1945, 1948; ILO 1951, European
Convention on Human Rights 1950)
• Treaty of Rome 1957, ARTICLE 119: ‘Each Member State shall […] ensure and subsequently
maintain the application of the principle that men and women should receive equal pay for
equal work.’
• Initially just a dead letter. Equal Pay directive only in 1975 (after long struggle and several
court cases)
Interesting socio-legal questions:
• Why was this provision included in the Rome Treaty (if no one wanted to apply it)?
• Why was it not implemented and enforced?
• How and who eventually succeeded in waking this “Sleeping Beauty”?
• Do men and women get equal pay in 2023?
S e i t e 2 | 27
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