chapter  3
35 Pages

Transplanting Critical Race Theory to Europe

The vast body of scholarship, ideas, and critiques developed over the last two decades has gone practically unnoticed and unheeded in European legal literature.1 To date there is little legal literature describing CRT in a non-English, European language. Most of the few publications are in Italian,2 some are in French,3 and a handful in German.4 Spain has experienced limited exposure to CRT, which was facilitated by LatCrit Theory. For instance, in 1999 and in 2000 the Universidad de Málaga hosted the First and Second Annual LatCrit Summer Colloquium. The proceeds of the first event were published in an American law review.5 Even fewer publications of these foreign language publications apply CRT analysis to

national or European law.6 The few such studies available which use the CRT lens to examine the continental European context are in English, and are usually authored by lawyers trained in the United States.7 This absence is even more surprising given that racism and xenophobia have been high on the political and legal agenda in many European countries and at the wider EU level. Given that anti-discrimination law originated in the American legal system and that the United States have become the reference point for European legal scholars ever since the post-war period,8 one would expect CRT to become part of the exported vocabulary and instrumental toolkit. However, with the exception of intersectionality, the absence of CRT in Europe begs the question as to what prevented if not the successful reception then at least more attention to this body of scholarship.