THE LIMITS OF LEGAL REASONING AND THE EUROPEAN COURT OF JUSTICE CAMBRIDGE STUDIES IN EUROPEAN LAW AND POLICY

Download The Limits Of Legal Reasoning And The European Court Of Justice Cambridge Studies In European Law And Policy ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to THE LIMITS OF LEGAL REASONING AND THE EUROPEAN COURT OF JUSTICE CAMBRIDGE STUDIES IN EUROPEAN LAW AND POLICY book pdf for free now.

The Limits Of Legal Reasoning And The European Court Of Justice

Author : Gerard Conway
ISBN : 9781139504614
Genre : Law
File Size : 47.52 MB
Format : PDF, ePub, Docs
Download : 142
Read : 948

The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
Category: Law

Eu Law

Author : Gerard Conway
ISBN : 9781317482307
Genre : Law
File Size : 57.66 MB
Format : PDF, ePub, Mobi
Download : 386
Read : 516

EU Law provides a comprehensive examination of the law of the European Union in two distinct parts, covering the institutions, structure and processes of the EU as well as the substantive law, as enacted by the Lisbon Treaty. Beginning by examining its origins, Conway locates EU Law within both an international and a domestic legal context. He then explores the evolution of EU Law before providing a clear and accessible account of the structure and internal and international workings of the EU and the special role of the European Court of Justice. The second half of the book explores the Four Freedoms (of Goods, Workers, Capital and Movement) and provides a detailed account of Competition Law and the Economic and Social contexts. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL which will help students Move beyond an understanding of the law Refine and develop the key skills of problem-solving, evaluation and critical reasoning which are essential to exam success Discover sources and suggestions for taking your study further By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice and gain a unique appreciation of the contemporary context of the subject. Companion Website This book is supported by a range of online resources developed to support your learning, keep you up-to-date and to help you prepare for assessments, including: Key Case Flashcards to aid with recall Quizzes and practice questions
Category: Law

Public Procurement And The Eu Competition Rules

Author : Albert Sánchez Graells
ISBN : 9781782259992
Genre : Law
File Size : 33.58 MB
Format : PDF
Download : 618
Read : 1129

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.
Category: Law

The Legal Reasoning Of The Court Of Justice Of The Eu

Author : Gunnar Beck
ISBN : 9781782250319
Genre : Law
File Size : 49.25 MB
Format : PDF, ePub, Mobi
Download : 445
Read : 493

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.
Category: Law

Procedural Review In European Fundamental Rights Cases

Author : Janneke Gerards
ISBN : 9781107183773
Genre : Law
File Size : 45.75 MB
Format : PDF
Download : 645
Read : 859

Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
Category: Law

Legal Certainty In Multilingual Eu Law

Author : Dr Elina Paunio
ISBN : 9781409471493
Genre : Law
File Size : 28.6 MB
Format : PDF, Kindle
Download : 320
Read : 499

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.
Category: Law

European Court Of Justice Legal Reasoning In Context

Author : Suvi Sankari
ISBN : 9089521178
Genre : Law
File Size : 35.35 MB
Format : PDF, Kindle
Download : 549
Read : 165

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.
Category: Law

Eu Renewable Electricity Law And Policy

Author : Tim Maxian Rusche
ISBN : 9781316412176
Genre : Law
File Size : 26.11 MB
Format : PDF, Docs
Download : 464
Read : 1115

There are two basic policy tools for promoting renewable electricity: price regulation (feed-in tariffs) and quantity regulation (green certificates). In economic theory, they are equally efficient. Contrary to conventional thinking, the author demonstrates that under real-world conditions, price regulation is more efficient. EU law obliges Member States to put support schemes in place, but leaves their design to national authorities. They need, however, to comply with EU state aid and internal market rules, and their financing may not result in import duties and discriminatory taxation. This book provides a detailed analysis of the decisions practice adopted by the Commission and the case law of the Union Courts. As support schemes mature, has time not come for putting an end to regulatory competition? With huge efficiency gains to be expected, the author expertly examines the political obstacles and sets out three different pathways to achieve EU-wide harmonization.
Category: Law