Postdoctoral researcher VIDI project

Amsterdam Law School

Publication date
21 August 2017
Level of education
PhD
Salary indication
€2,588 to €4,757 gross per month
Closing date
20 October 2017
Hours
38 hours per week
Vacancy number
17-419

The Amsterdam Law School is strongly engaged in society and has an international orientation, which is reflected in its research and education activities. The School offers three Bachelor's programmes and a number of Master's programmes, two of which are taught exclusively in English (i.e. International and European Law and European Private Law). With its 3,500 students and 375 staff members, it is one of the largest law schools in the Netherlands. The Amsterdam Law School is located in the centre of Amsterdam.

The Amsterdam Law School is offering a position for a postdoctoral researcher in the NWO-funded project ‘Judges in Utopia: Judicial law-making in European Private Law’, coordinated by prof. Chantal Mak. The project is conducted within the framework of the Centre for the Study of European Contract Law (CSECL), one of the centres of excellence of the University of Amsterdam. The CSECL aims to promote high-quality research and education on European contract law. Its research programme focuses on the interplay between the European, national and international laws of contract.

Project description

Political-philosophical calls for ‘more Europe’ as a response to the economic crisis reveal the lack of civic solidarity underlying the project of European integration. Echoes of this debate inform the judicial application of the rules facilitating market integration, most importantly rules of private law (contracts, property, liability). The concept of social justice endorsed at EU level continues to significantly diverge from national concepts. The interplay of ideas of justice has not yet resulted in a lasting constitutional settlement that is able to reconcile conceptions of the ‘common good’ pursued in European society. Consequently, judges struggle to align national social rights with European market freedoms in cases concerning private-legal transactions.

While the analysis of the ‘social deficit’ in European private law has long followed a critical, deconstructive approach, this project takes a constructive turn. It aims at developing a (partial) normative theory of judicial rulemaking for the field of European private law. First, it analyses the implications of theories of European constitutionalism and philosophical theories of deliberation for judicial reasoning in this area. The focus lies on the potential of fundamental rights to deliberate value-choices in judicial rulemaking in the field of private law. Within this general framework, in-depth studies will be conducted of: (i) the interplay between principles of law in the multi-level order of the EU and its Member States, and (ii) the guaranteeing of effective remedies on the interface of EU and national private laws. Combined with the continuous input of an Expert Group, these studies will feed into the elaboration of a normative theory that (a) reconceptualises the role of judges in today’s Europe, especially in their relation to the legislature, and (b) provides them with methodological guidance for the identification and integration of views on the ‘common good’ in the resolution of private legal disputes.

Postdoctoral research: Fundamental values in a multi-level private legal order

This project investigates the evolution of judicial reasoning in domestic and European case law in private legal matters engaging legal principles. More specifically, it addresses the question how national judges and the CJEU should approach ‘hard cases’ of a private legal nature that receive different answers in the laws of the Member States.

The postdoctoral researcher will benefit from committed research supervision by the project leader as well as interaction with other researchers in the lively and supportive intellectual environment of the CSECL, a centre of excellence at the University of Amsterdam’s Law School, which has since long enjoyed a strong, international reputation for critical innovation in legal research.

Tasks

The postdoctoral researcher:

  • engages in supervised scientific research that will result in high-quality publications in leading international journals;
  • actively contributes to the research community at the CSECL and the Amsterdam Law School, e.g. in research meetings and seminars;
  • may also (but will not be required to) lecture on subjects in the Amsterdam Law School’s curriculum;
  • regularly presents intermediate research results at international workshops and conferences, and publishes them in proceedings and journals;
  • participates in the organization of research activities and events, such as conferences, workshops and joint publications.

Requirements

The candidate:

  • has completed a PhD degree at start of the employment;
  • has demonstrable research interest in European private law and, ideally, also its theory;
  • will, ideally, also have some knowledge of European public law;
  • has excellent command of English (written and spoken);
  • has an interest in cross-disciplinary research and the ability to work in a team.

Further information

To discuss the position informally, please contact:

Appointment

The Postdoctoral researcher’s appointment will be originally for the period of one year, with a possibility for prolongation. The appointment preferably commences on 1 January 2018. Extension of the contract for another year is subject to satisfactory performance after the first year. The gross full-time monthly salary will be in accordance with the salary scales for postdoctoral researchers at Dutch universities, scales 10 and 11, ranging from €2,588 up to €4,757. Secondary benefits at Dutch universities are attractive and include 8% holiday pay and an 8.3% end of year bonus. The Collective Labour Agreement for Dutch Universities is applicable.

Job application

Applicants are asked to submit a research proposal of approximately 1,000 words, which should include a section on methodology and fits within the broader conceptual theme of the project. They are invited to formulate an innovative specific research question (or hypothesis) on the abovementioned topic of principled reasoning in European Private Law cases. We are open not only to descriptive and analytical questions but, in particular, also to normative questions.

The closing date for receipt of completed applications including the research proposal is 20 October 2017.

To apply please submit the following items in Word or PDF format electronically to solliciteren-fdr@uva.nl, attn. prof. Chantal Mak:

  • cover letter;
  • CV;
  • contact details of 2 referees;
  • research proposal;
  • proof of your Master's and PhD degrees, including grade transcripts. If you have not completed your PhD degree at the time of application, please provide a statement from your supervisor confirming the expected date of completion. #LI-DNP

No agencies please

Published by  University of Amsterdam