The Coherence of EU Law

The Search for Unity in Divergent Concepts
Erscheinungsjahr 2008
ISBN: 978-0-19-923246-8
Verlag: OUP Oxford

Buch, Englisch, 576 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 1019 g

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law?

In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order?

Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts.

The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulation and social policy.

Zielgruppe

Academics and postgraduate students working in European law, particularly the theory of EU law, the constitutional law of the EU and the reception of EU law into domestic legal systems. The book will also interest general legal theorists, particularly theorists working on linguistics and law.

Autoren/Hrsg.

Prechal, Sacha

van Roermund, Bert

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Europäische Union, Europapolitik
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

- Binding unity in EU legal order: An Introduction

- I. Observations from Legal Practice

- 1: Thomas Vandamme, Sacha Prechal, Bert van Roermund and Linda Senden: Experiences from Professional Practice - some steps towards empirical research

- 2: Leo Mulders: Translation at the European Court of Justice

- II. Rights

- 3: Michele Graziadei: Rights in the European Landscape. A Historical and Comparative Profile

- 4: Sasa Beljin: Rights in European Union Law

- 5: Ricardo Alonso Garcia, Leonor Moral, Carmen Plaza: EU Rights and Discretion as reflected in Spanish Public Law

- 6: Sacha Prechal: Protection of Rights: How Far?

- III. Discretion

- 7: Roberto Caranta: On Discretion

- 8: Michiel Brand: Discretion, Divergence and Unity

- 9: Martina Künnecke: Divergence and the Francovich remedy in German and English courts

- 10: Matthias Ruffert: ability and Flexibility in Administrative Decision Making - The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law

- 11: Thomas Vandamme: Democracy and Direct Effect - EU and National Perceptions of Discretion

- 12: Hans Lindahl: Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders

- 13: Bert van Roermund: Laws At Cross Purposes: Conceptual Confusion and Political Divergence

- IV. Policy Areas

- 14: Inigo del Guayo: Binding unity and divergence while Creating a Common European culture of energy regulation

- 15: Linda Senden: Conceptual Convergence and Judicial Cooperation in Sex Equality Law

- 16: Emilios Christodoulidis and Ruth Dukes: On the Unity of European Labour Law

- 17: Joxerramon Bengoetxea: A case of multidirectional constitutional transplant in the EU: Infra-state Law and Regionalism

- V. Outlooks

- 18: Niilo Jääskinen: Back to the Begriffshimmel? - A plea for an analytical perspective in European law

- 19: Filomena Chirico and Pierre Larouche: Conceptual divergence, functionalism and the economics of convergence

- 20: Koen Lenaerts and Tim Courthaut: Towards an Internally Consistent Doctrine on Invoking Norms of EU Law

Über Autor(innen)

Sacha Prechal is currently full-time Professor of European law at the Law Faculty of Utrecht University (Europa Institute), specializing in European administrative and constitutional law, and in the relationship between substantive and institutional law of the European Union. She has written numerous case notes and articles on EC law, in particular on EC equality law, on various aspects of the relationship and interaction between EC law and national law and on problems related to EC directives, including Directives in EC Law (OUP, 2005). She is also one of the authors of Europeanization of Public Law (Europa Law Publishing 2007).

Bert van Roermund has been professor of legal philosophy at Tilburg University since 1989. After his Rousseau research, he published widely on various fundamental legal concepts and contemporary legal problems (constitutional review, democracy, European integration). His monograph on Law, Narrative and Reality (1997; also in Spanish) concluded a period of research in law and language. Since 1997 he focuses on problems of authority and representation (sovereignty, identity, normativity, reconciliation) in supra-national contexts like the European Union and the World Trade Organisation. He is currently in charge of the research programme Legislation and Identity, Strategies of Authoritative Representation (2004-2009).