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 direct the national judiciaries effectively, turning its focus to the cases where the CJEU never gets the chance to adjudicate in prejudicial references. The project aims to study a large number of those cases in combination with a study of the collaboration between the European legal field and the national legal fields to see how interaction between the fields facilitate a closer alignment of legal language and the creation of a common “linguistic community” of EU law. A linguistic community that I perceive to be a precondition for the effective, long-term power of the CJEU over the national courts.

The project takes German and Danish legal practice as its case material. The core 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. In addition, the project aims to build a cross-jurisdictional network, where the practice of the CJEU becomes connected directly with Danish and German practice.

The network analysis will be combined with studies in the national legal fields, their formal and informal interaction with the CJEU and the writing process in which the language of the CJEU is – or is not – adopted in the national legal languages.

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.

ID: 223346512