Hertogh and Kurkchiyan on the Existence of a Common European Legal Culture

Marc Hertogh, University of Groningen, Faculty of Law, and Marina Kurkchiyan, University of Oxford, Wolfson College, are publishing 'When Politics Comes into Play, Law is No Longer Law': Images of Collective Legal Consciousness in the UK, Poland and Bulgaria in volume 12 of International Journal of Law in Context (2016).

This paper examines the idea of a common European legal culture by exploring its foundational component, ‘collective legal consciousness’, in three EU states: the UK, Poland, and Bulgaria. Using a comparative research design and a variety of methods of data collection, it suggests that underneath the thin layer of EU consensus there are some fundamental differences in perceptions of law. The evidence shows that legal ideas are infused with perceptions of the political system. This finding suggests that the creation of a shared European legal culture depends on the prior formation of a common transnational polity right across the EU, together with a sense of political identity and of trust in the legitimacy of the European political authorities. The paper also demonstrates the multi-layered character of collective legal consciousness, allowing different images of law to coexist, underpinned by the perception of the source with which each image is associated.

Download the article from SSRN at the link.