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Author : Angus I. L. Campbell,Meropi Voyatzi,Alexander John Mackenzie-Stuart (Lord Mackenzie-Stuart)
Publisher : Unknown
Page : 224 pages
File Size : 46,6 Mb
Release : 1996
Category : EU-ret
ISBN : UOM:39015038176064
Author : Angus I. L. Campbell
Publisher : Unknown
Page : 128 pages
File Size : 48,8 Mb
Release : 1996
Category : Electronic
ISBN : OCLC:247052652
Author : Joxerramon Bengoetxea
Publisher : Oxford University Press, USA
Page : 398 pages
File Size : 45,7 Mb
Release : 1993
Category : Art
ISBN : UOM:39015029554709
Can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of European Community (EC) law? How does the European Court of Justice interpret EC law and justify its decisions? This study examines these questions and related issues--analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration.
Author : Markku Kiikeri
Publisher : Springer Science & Business Media
Page : 511 pages
File Size : 49,5 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401009775
Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.
Author : Elina Paunio
Publisher : Routledge
Page : 234 pages
File Size : 47,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317106364
How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.
Author : Gunnar Beck
Publisher : Bloomsbury Publishing
Page : 492 pages
File Size : 51,6 Mb
Release : 2013-01-21
Category : Law
ISBN : 9781782250319
The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.
Author : Suvi Sankari
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2013
Category : EU-ret
ISBN : 9089521178
The task of the European Court of Justice is to ensure that the law is observed in interpreting and applying treaties. This duty is carried out in a transnational constitutional environment where interpretation and application are, to a large extent, divorced from each other. An array of approaches to assessing the Court's work already exists. The distinct underlying assumptions of each perspective affect how Court practice is interpreted and evaluated. In terms of legal interpretation, at the one extreme would be those who subscribe to a historical-originalist - or conserving - approach, and, at the other, those subscribing to an uncritically teleological or dynamic approach, premised on furthering integration. Neither extreme necessarily reflects, in either descriptive or normative terms, a fair or realistic understanding of the Court, its work, and the outcomes of legal interpretation. Even if, in reality, the differences were more a matter of degree, developing a better balanced approach is useful. The approach advocated in this book is called Court of Justice legal reasoning. The approach is critical towards offering generalizations concerning the Court's work based on purposively chosen case law, downplaying the role of law in not only facilitating but also restraining the Court's choices, and overemphasizing teleology or integration as pre-designated and permanent explanatory factors of legal evolution. The Court of Justice legal reasoning approach is firmly anchored to actual case law analysis, instead of abstract legal theory, which ensures it does not become wholly disconnected from the everyday of courts. Moreover, the approach takes into account how the Court keeps applying its relatively conventional self-assumed criteria of legal interpretation, considers interpretations offered in preliminary rulings in their systemic and factual context, and generally views the Court as the constitutional court of a legal order. Finally, the approach builds on sincerely listening to the Court: considering the meaning of silences in reasoning, ways of restrictive interpretation, and the distinction between singular cases and lines of cases in defining the degree of universality of interpretations included in them.
Author : Gerard Conway
Publisher : Cambridge University Press
Page : 347 pages
File Size : 49,5 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781107001398
Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.
Author : Mátyás Bencze,Gar Yein Ng
Publisher : Springer
Page : 268 pages
File Size : 48,9 Mb
Release : 2018-08-30
Category : Law
ISBN : 9783319973166
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Author : Gráinne De Búrca,Joseph Weiler
Publisher : Oxford University Press, USA
Page : 266 pages
File Size : 46,8 Mb
Release : 2001
Category : Law
ISBN : 0199246017
This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.
Author : Jean-Sylvestre Bergé,Geneviève Helleringer
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 54,6 Mb
Release : 2017-06-30
Category : Electronic books
ISBN : 9781785367335
Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book maps the analysis lawyers require when confronted by the operation of several laws in different contexts, and demonstrates how this enhances legal reasoning.
Author : Claire Kilpatrick,Joanne Scott
Publisher : Oxford University Press
Page : 176 pages
File Size : 40,6 Mb
Release : 2020-12-16
Category : Law
ISBN : 9780192645081
At the beginning of 2015, the Court of Justice opened its archives, which created a new and challenging primary source for those studying the Court of Justice: the dossiers de procédure which contain much more than the contemporary documents published by the Court. This volume includes five chapters which analyse the activities of the Court of Justice from a highly diverse range of non-doctrinal perspectives. However, they also highlight significant new developments at the Court itself which attract attention and deserve analysis. Thus, the idea behind this volume is to make available new tools and approaches through which the activities of the Court of Justice can be studied. It shows a more intense engagement with scholars across disciplines to reflect on law and courts, with the Court of Justice as a central focus, and new methods (such as network citation analysis) and sources (such as the Court's archives) being discovered and developed. It also shows a more intense and deeply knowledgeable engagement with EU law and the Court of Justice by non-legal scholars, such as the new sociologies and histories of the Court of Justice. These and other new approaches have spawned productive and ongoing conversations across disciplines.
Author : Tamara Perišin,Siniša Rodin
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 40,7 Mb
Release : 2018-03-08
Category : Law
ISBN : 9781509907267
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.
Author : Marc Jacob
Publisher : Cambridge University Press
Page : 357 pages
File Size : 54,6 Mb
Release : 2014-03-20
Category : Law
ISBN : 9781107045491
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author : Siniša Rodin,Tamara Perišin
Publisher : Unknown
Page : 248 pages
File Size : 41,7 Mb
Release : 2018
Category : LAW
ISBN : 1509907289
Transformation or reconstitution of Europe : the European critical legal studies perspective / Siniša Rodin and Tamara Perišin -- On textualist and purposivist interpretation (challenges and problems) / Pierre Schlag -- Proportionality and deference in contemporary constitutional thought / Duncan Kennedy -- Discovering the law of the EU : the European Court of Justice and the comparative law method / Koen Lenaerts -- Ideology and legal reasoning at the European Court of Justice / Tamara Apeta -- Judicial appointments, judicial independence, and the European high courts / Mitchel Lasser -- Transformation or reconstitution of national regulatory policies at the EU level : insiders and outsiders under free movement rules / Tamara Perišin -- Useful effect of the framework decision on the European arrest warrant / Siniša Rodin -- Reflections on European legal formalism / Pieter-Augustijn van Malleghem -- Legal scholarship and external critique in EU law / Daniela Caruso and Fernanda Nicola