Decolonising European Society

Abstract Who is recognised within the concept of ‘European Society’, and, more importantly, who or what remains unseen? This article critically examines European Society through a decolonial lens, arguing that EU law is detached from the lived and diverse realities of European Society. Drawing on the work of sociologist Manuela Boatcă, the authors propose a decolonial approach that excavates coloniality of power, knowledge and, especially, belonging within EU law to reimagine European Society. Analysing cases in migration and the rule of law, the article reveals how EU law perpetuates hierarchical structures of inclusion and exclusion, and invisibilises the liminal—often deploying “Western” norms, values, and lifestyles as gatekeeping tools, especially in post-colonial contexts. At the heart of this argument is the necessity to move beyond Eurocentric assumptions of universality, neutrality, and totality in legal scholarship, instead embracing plurality of perspective, creolisation, and reflexivity. The authors contend that European Society should not be treated as a rigid legal construct but rather as a dynamic and inclusive one that amplifies marginalised voices, acknowledges and accounts for the liminal, and critically examines the law’s inherent limitations. Ultimately, the article calls for a radical reimagining of European Society through its decolonisation—one that confronts historical injustices, disrupts entrenched power structures, and steers EU law toward a more just, equitable, accountable and reconstructive future.

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Publication Details

Journal
European Law Open
Published
2026-02-10
DOI
https://doi.org/10.1017/elo.2025.10066
Primary Topic
Energy Law and Policy
Type
article
Field-Weighted Citation Impact
0.00
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article

Decolonising European Society

Silvia Steininger, Jennifer Orlando-Salling
European Law Open
Energy Law and Policy
article

Decolonising European Society

Silvia Steininger, Jennifer Orlando-Salling
article en

Abstract

Abstract Who is recognised within the concept of ‘European Society’, and, more importantly, who or what remains unseen? This article critically examines European Society through a decolonial lens, arguing that EU law is detached from the lived and diverse realities of European Society. Drawing on the work of sociologist Manuela Boatcă, the authors propose a decolonial approach that excavates coloniality of power, knowledge and, especially, belonging within EU law to reimagine European Society. Analysing cases in migration and the rule of law, the article reveals how EU law perpetuates hierarchical structures of inclusion and exclusion, and invisibilises the liminal—often deploying “Western” norms, values, and lifestyles as gatekeeping tools, especially in post-colonial contexts. At the heart of this argument is the necessity to move beyond Eurocentric assumptions of universality, neutrality, and totality in legal scholarship, instead embracing plurality of perspective, creolisation, and reflexivity. The authors contend that European Society should not be treated as a rigid legal construct but rather as a dynamic and inclusive one that amplifies marginalised voices, acknowledges and accounts for the liminal, and critically examines the law’s inherent limitations. Ultimately, the article calls for a radical reimagining of European Society through its decolonisation—one that confronts historical injustices, disrupts entrenched power structures, and steers EU law toward a more just, equitable, accountable and reconstructive future.

European Law Open
University of Copenhagen (DK), Max Planck Institute for Comparative Public Law and International Law (DE)
Reduced inequalities
Openalex Percentile: Top 63%
Energy Law and Policy
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