Research Catalog

Title

Legal certainty in the preliminary reference procedure : the role of extra-legal steadying factors / John Cotter.

Author

Cotter, John (Barrister)

Publication

Cheltenham, UK ; Northampton, Massachusetts : Edward Elgar Publishing Limited, [2022]

Items in the Library & Off-site

Holdings

Details

Description

x, 309 pages; 24 cm.

Summary

"This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors."

Series Statement

Elgar studies in legal theory ; Volume 805

Uniform Title

Elgar studies in legal theory ; v. 805.

Subject

• Llewellyn, Karl N. 1893-1962 > Influence
• Llewellyn, Karl N. 1893-1962
• Court of Justice of the European Union
• Legal certainty > European Union countries
• Advisory opinions > European Union countries
• Judicial opinions > European Union countries
• Sécurité juridique > Pays de l'Union européenne
• Advisory opinions
• Influence (Literary, artistic, etc.)
• Judicial opinions
• Legal certainty
• European Union countries

Bibliography (note)

• Includes bibliographical references and index.

Contents

Obstacles to legal certainty in the preliminary reference procedure -- Steadying factors in the Article 267 TFEU preliminary reference procedure -- The argument and first principles -- The steadying effect of "law-conditioned officials" -- The judges of the Court of Justice and "law conditioning" -- The steadying effect of an independence-accountability balance : a hypothesis -- Susceptibility to countermeasures for "Scenario 1" ("legal" and "acceptable") rulings -- Susceptibility to lawful countermeasures for "Scenario 2" ("legal", but "unacceptable) rulings -- Susceptibility to unlawful countermeasures for "scenario 2" ("legal", but "unacceptable") rulings -- Susceptibility to countermeasures for "scenario 3" ("illegal", but "acceptable") and "scenario 4" ("illegal" and "unacceptable") rulings -- The order for reference as "steadying factor I" : "issues Limited, sharpened, and phrased in advance" -- The order for reference as "steadying factor" II : "a frozen record from below" -- The steadying effect of argument before the Court of Justice -- The steadying effect of "a known bench" -- "Steadying factors" in deliberative and decision-making procedures -- Appendix 1: Legal education and training of the judges of the Court of Justice appointed pursuant to Article 32 ECSC -- Appendix 2: Legal education and training of the former judges of the Court of Justice appointed pursuant to now Article 253 TFEU -- Appendix 3: Legal education and training of the current judges of the Court of Justice appointed pursuant to Now Article 253 TFEU -- Appendix 4: Post-educational 'active work in some aspect of the law' of the judges of the Court of Justice appointed pursuant to Article 32 ECSC -- Appendix 5: Post-educational 'active work in some aspect of the law' of the former judges of the Court of Justice appointed pursuant to now Article 253 TFEU -- Appendix 6: Post-educational 'active work in some aspect of the law of the current judges of the Court of Justice appointed pursuant to now Article 253 TFEU -- Appendix 7: Approximate length of post-educational 'active work in some aspect of the law' of the judges of the Court of Justice appointed pursuant to Article 32 ECSC at the date of appointment -- Appendix 8: Approximate length of post-educational 'active work in some aspect of the law' of the former judges of the Court of Justice appointed pursuant to now Article 253 TFEU at the date of appointment -- Appendix 9: Approximate length of post-educational 'active work in some aspect of the law' of the current judges of the Court of Justice appointed pursuant to now Article 253 TFEU at the date of appointment -- Appendix 10: Level of law conditioning of the judges of the Court of Justice (1952-present).

ISBN

• 9781788979542
• 1788979540
• 9781788979559 (canceled/invalid)

OCLC

1285053453

Owning Institutions

Princeton University Library