Globalisation & Law Network seminar with Damian Chalmers

Prof. Chalmers introduced the concept of legal shadows to show how informal arrangements can “get the machine moving”, changing the balance of powers between the EU and its Member States, displacing law and challenging traditional competences and demarcations from national law. Showcasing two types of shadows, and taking the examples of the Rule of Law Framework 2014 and the context of Economic Government, this expansive and adaptive tool raises some questions: How do we constrain the shadow if we want it to stop? Is EU law bending to its power? How do we keep the virtues associated with the rule of law when law itself seems to become optional? 

Prof. Lilian Tsourdi opened the floor for an exciting exchange of ideas, commenting on the added value of legal shadows regarding existing public policy theories of informal governance, the connection between this matter and soft enforcement, the basis (or lack thereof) of this phenomenon and the next steps in the development of this project. The discussion continued by exploring the possible use of legal shadows as a tool for harmonisation, their legal categorisation and empirical grounds, and the concept of legal shadow as manifestations of diplomatic relations.

Curious about the current challenges of law and governance? You can register for the upcoming research seminars organised by the Globalisation & Law Network. We look forward to seeing you there!