Magnus Esmark

Magnus Esmark

PhD fellow

  • PhD programme

    Karen Blixens Plads 16, 2300 København S, Søndre Campus, Building: 6B.4.09

    Phone: +45 35 33 17 78

My PhD project is titled 'Quoting without referring: Informal citations and the impact of the CJEU in national legal systems'. The project is about the ability of the CJEU to effectively direct the national judiciaries, but turns its' focus to the cases where the CJEU never gets the chance to adjudicate in prejudicial references. The basic question is: When the CJEU is not looking the national judiciaries over the shoulders, do the national legal practices in fact align with the practice and concepts of the CJEU? The project takes German and Danish legal practice as its case material.

The methodology of the project aims to build on the recent progress in the use of citation networks within legal scholarship, mainly by using "implicit" citations where phrases and expressions are reused without referring directly to the relevant precedent(s) from CJEU. Also, the project aims to build a cross-jurisdictional network, where the practice of the CJEU is connected directly with Danish and German practice.

Before my employment as a PhD-student, I worked as a project student assistant at iCourts. As a part of the project 'Dogma to Data', I conducted studies on the citation patterns of the European Court of Human Rights.

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