Blog 1: Rethinking the Introduction to European Union Law: The Value of a Decolonial Approach, Prof. Solanke
Every time I talk about decolonising European Union Law (EU Law) to someone who is not necessarily versed in colonial legal history, people often ask me, “But what about the European Union isn’t colonial?” or “How do you decolonise EU Law when the European Union was never colonised?” Others are confused by the verb "decolonising" and question how this can be an active movement and practice, especially in conjunction with law. Prof. Solanke sets the narrative by explaining how European legal history is informed by colonial logics and also offers examples of how the verb “decolonising” is practiced in the legal world. In Europe, decolonisation is often defined with reference to the cessation of military dominance and occupation in non-Western countries. This inevitably reduces decolonial practice to spatiality without considering the role of knowledge making and the legal discipline in educational institutions. The latter definition advocates for change in the school and university curriculum, challenging the absence of inclusive teaching practices, and the re-evaluation of procedures, such as marking and examination practices.
The Discussion Group Series on Decolonising EU Law opens the forum to different takes on decolonial practice. Prof. Solanke starts her lecture with guidance on the multitude of definitions of decolonising European Union Law. She urges scrutiny of the active process of knowledge production by asking questions such as “What is taught and by whom?” to discern which narratives are marginalised and which are foregrounded. What strikes me the most is her remark that decoloniality is not to be conflated with diversity. Diversity alone does not provide a comprehensive solution to Western bias; instead, it is just one aspect of the decolonial process. "Decolonisation" specifically addresses epistemic injustice and ethics of knowing.
Regarding decolonial approaches to research and teaching in EU Law, Prof. Solanke emphasises the absence of a rigid prescription due to its contextual nature. Drawing examples from initiatives aimed at decolonising university spaces and curriculums at institutions like Leeds University, SOAS University, and Cape Town University. While decolonisation in UK universities often revolves around epistemological questions, in Cape Town, it is perceived as addressing institutional deficiencies, including providing additional resources to students as part of the decolonisation process. Citing Jivrag et al., she mentions the University of Kent's guide promoting neutrality and plurality in law, which includes activities like re-writing judgments from a decolonial perspective. Prof. Solanke introduces strong ideas on the manual labour of a decolonial approach in EU law. She proposes three fundamental pillars for decolonising EU Law: Purpose, Principles, and Practice, which include a commitment to pro-democracy.
Many questions are followed with excitement and frustration by students seeking guidance on how to navigate the shutters and restraints of academia. Questions about incorporating methods on decolonising law are raised both by young teachers and senior professors, perfectly illustrating that the frustration with institutions and their partial teaching curriculum runs through all levels of academia.
As we navigate the uncharted waters of a decolonial approach to teaching and researching in EU law, Prof. Solanke's insights provide a compass, guiding us through the complexities and nuances of this multifaceted quest. The questions raised, coupled with the frustrations expressed, underscore the urgency for a general paradigm shift in legal education. By acknowledging the limitations of existing curricula and challenging Western bias, the journey towards decolonising law becomes a collective endeavour—one that holds the promise of a more inclusive and equitable legal landscape.