Overview

All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating. The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American 'Law and Literature' scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of 'self' and 'other.' The synthesis of two case studies (on economically inactive EU citizens' access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.

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Pauline Phoa holds law degrees from Utrecht University and Columbia Law School in New York. She started her career as a legal assistant at the General Court of the EU in Luxembourg then proceeded to work as a lawyer in EU and international law at a law firm in Amsterdam, and as EU law advisor for the EU litigation team of the Dutch Ministry for Foreign Affairs. In 2014, she joined Utrecht University to work on her PhD research, resulting in this publication. Since finishing her dissertation, Pauline works as assistant professor and post-doctoral researcher in EU law at Utrecht University

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