This book shows how Europe's history of colonialism has shaped the development of the EU legal order. It offers an account of the impact European colonialism has had on the application of law, on the methods of actors, the workings of institutions, and on changes in EU membership over time. Using different case studies, the sixteen chapters of this book address questions concerning how colonial continuities in EU law can be identified; how to understand the present application of EU law through the history of colonialism; and how Europe's colonial history casts new light on EU legal theory and concepts. This book is intended to sharpen analysis of the history, as well as of the present and future application of EU law. This title is also available as open access on Cambridge Core.
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This book shows how Europe's history of colonialism has shaped the development of the European Union's legal order.
1. Colonialism and the EU Legal Order: An Introduction Hanna Eklund;
Part I. Law:
2. Reciprocity and Direct Effect: Yaoundé and Trade Integration
Marise Cremona;
3. The Common Agricultural Policy and Southern Rivalries: The
Case of Algerian Wine Daniela Caruso;
4. Racializing the European Border:
Free Movement of Workers and the (Former) Colonies Karim Fertikh;
5.
Discrimination Based on Race: The Story of Moroccan SNCF Workers in France
Lionel Zevounou;
6. Rethinking EU Social and Labour Law through Racial
Capitalism Diamond Ashiagbor;
7. Towards Monetary Sovereignty: The Colonial
History of the CFA Franc and How to Transition to the Eco Kako Nubukpo;
8.
Europe's Refugee 'Crises' and The Colonial Legacies in EU Migration and
Asylum Law Veronica Corcodel;
9. From Political to Migration-Based
Conditionality in EU Development Policy: 'Plus ça change, plus c'est la même
chose' Janine Silga; Part II. Actors:
10. 'We Must Pretend to Follow the
Laws': The Colonial Artists of EEC Development Policy Véronique Dimier;
11.
Colonial-Era Mixed Courts, Early Euro-Lawyers, and EU Law as Constitutional
Law Michel Erpelding; Part III. Exits:
12. Algeria and the European Union:
From Exit to Challenges of Continuity Amel Benrejdal Boudjemaa;
13.
'Eurarctic': Colonialism and EU-Greenland Relations Ulla Neergaard;
14. The
Land of Many Laws: Brexit and the Legacy of Colonialism in Northern Ireland
Stephen Coutts; Part IV. Futures:
15. The Missing View from the Cathedral:
European Law During and After Colonies and Empires Antoine Vauchez;
16.
Decolonizing Research and Teaching in EU Law: Purpose, Principles and
Practice Iyiola Solanke.
Hanna Eklund is Assistant Professor of Constitutional Law at the University of Copenhagen. She was previously a postdoctoral fellow at Sciences Po Law School and holds a Ph.D. from the European University Institute. Her research interests lie in EU law in its social and political context. She has been awarded Marie Skodowska-Curie and Inge Lehmann grants.
