Dr Jan Zglinski

Dr Jan Zglinski

Assistant Professor of Law

Department of Law

Telephone
020-7955-6386
Room No
New Academic Building 6.33
Languages
English, French, German, Italian, Polish, Spanish
Key Expertise
EU Law

About me

Jan Zglinski is Assistant Professor of Law. Prior to joining the LSE, he was Erich Brost Lecturer in German and European Union Law at the Faculty of Law and St Hilda’s College, University of Oxford. Jan studied law in Hamburg, Paris and Oxford and holds a PhD from the European University Institute. He taught at Bucerius Law School and was a visiting researcher at Yale Law School. His research focuses on EU constitutional and internal market law, with a particular interest in empirical legal approaches. He qualified for the bar in Germany. Jan is a Research Fellow of the Institute of European and Comparative Law.

Administrative support:  Rachel West

Research interests

  • EU Constitutional Law
  • Internal Market Law
  • Empirical Legal Research

Teaching

External activities

Jan is a member of the Network of Legal Empirical Scholars (NoLesLaw) and is on the editorial board of the European Journal of Legal Studies.

Books

Europe's Passive Virtues: Deference to National Authorities in EU Free Movement Law (Oxford University Press, 2020)

The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review.

At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU. 

click here for publisher's site

Articles