@article{DawsonMuir, author = {Dawson, Mark and Muir, Elise}, title = {One for All and All for One? The Collective Enforcement of European Law}, series = {Legal Issues of Economic Integration}, volume = {41}, journal = {Legal Issues of Economic Integration}, number = {3}, publisher = {Kluwer Law International}, address = {London [u.a.]}, issn = {1566-6573}, pages = {215 -- 224}, abstract = {The failure of individual and institutional remedies to ensure the effective enforcement of European Union (EU) law has increasingly focused attention on collective routes to ensuring adherance to EU policies and rights. How comprehensive, however, should collective remedies under EU law be? This introductory article - as well as the other articles of this volume - explores the feasibility of a horizontal approach to the collective enforcement of EU law. While the hope for such an approach has been bolstered by the engagement of the EU institutions, the Commission's most recent 2013 Recommendation fails to significantly advance the development of collective remedies at EU level. The article will conclude by exploring some further, non-legislative, alternatives to furthering the collective enforcement of EU law.}, language = {en} } @incollection{Dawson, author = {Dawson, Mark}, title = {Economic and Monetary Union: Maastricht's Great Failure}, series = {The Treaty on European Union 1993-2013: Reflections from Maastricht}, booktitle = {The Treaty on European Union 1993-2013: Reflections from Maastricht}, publisher = {Intersentia}, address = {Cambridge [etc.]}, isbn = {9781780682068}, pages = {475 -- 492}, language = {en} } @incollection{Dawson, author = {Dawson, Mark}, title = {The European Union as a Community of Law: Achieving Diplomatic Goals through Legal Means?}, series = {Foreign Policy Breakthroughs: Cases in Successful Diplomacy}, booktitle = {Foreign Policy Breakthroughs: Cases in Successful Diplomacy}, publisher = {Oxford Univ. Press}, address = {Oxford}, isbn = {978-0190226114}, language = {en} } @incollection{DawsonDeWitte, author = {Dawson, Mark and De Witte, Bruno}, title = {Welfare Policy and Social Inclusion}, series = {The Oxford Handbook of European Union Law}, booktitle = {The Oxford Handbook of European Union Law}, publisher = {Oxford Univ. Press}, address = {Oxford}, isbn = {978-0-19-967264-6}, doi = {10.1093/oxfordhb/9780199672646.013.42}, language = {en} } @incollection{DawsonMuirClaes, author = {Dawson, Mark and Muir, Elise and Claes, Monica}, title = {A tool-box for Legal and Political Mobilisation in European Equality law}, series = {Rights in Pursuit of Social Change: Legal Mobilisation in the Multi-Level European System}, booktitle = {Rights in Pursuit of Social Change: Legal Mobilisation in the Multi-Level European System}, publisher = {Hart Publ.}, address = {Oxford}, isbn = {978-1849463904}, pages = {105 -- 128}, abstract = {Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?}, language = {en} } @article{Dawson, author = {Dawson, Mark}, title = {How does the European Court Reason? A Review Essay on the Legal Reasoning of the Court of Justice}, series = {European Law Journal}, volume = {20}, journal = {European Law Journal}, number = {3}, publisher = {John Wiley \& Sons Ltd.}, address = {Oxford}, issn = {1468-0386}, doi = {10.1111/eulj.12089}, pages = {423 -- 435}, abstract = {This review essay analyses two significant recent contributions to the debate over the reasoning of the Court of Justice (CJ). These contributions highlight the impossibility of a wholly scientific and deductive approach to attributing 'correct' outcomes to the Court's case-law. At the same time, their analysis adds significant findings for the debate over the Court's possible 'activist' or political role. Following from these contributions, this essay makes two arguments: firstly, that the inability of the Court to anchor its reasoning solely in a deductive form of legal reasoning should encourage the CJ to engage in a more advanced 'constitutional dialogue' with the EU's political institutions; and secondly, that truly understanding the Court's reasoning involves a closer analysis of the institutional and personal dynamics influencing Court decisions. Understanding European judicial reasoning may require a closer look at the social and political—as well as doctrinal—context within which European judges act.}, language = {en} }