John Cotter
Legal Certainty in the Preliminary Reference Procedure: The Role of Extra-Legal Steadying Factors
Legal Certainty in the Preliminary Reference Procedure: The Role of Extra-Legal Steadying Factors
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This book explores the EU legal system's features that reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice, including legal doctrine, interpretive techniques, judges' legal backgrounds, institutional and personal independence, and accountability. It also examines the role of procedural rules and practices at the Court of Justice in steadying outcomes.
Format: Hardback
Length: 320 pages
Publication date: 06 May 2022
Publisher: Edward Elgar Publishing Ltd
This groundbreaking book delves into a multitude of aspects within the European Union (EU) legal system that aim to mitigate legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing upon the theories of legal realist Karl Llewellyn, the author examines various legal steadying factors, including legal doctrine and interpretive techniques, alongside the central focus of this book, extra-legal steadying factors. In addition to examining the influence of judges' legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. Furthermore, the author applies Karl Llewellyn's approach and re-models it into a European context, identifying the EU legal system features that contribute to promoting decisional steadiness in the preliminary reference procedure.
Furthermore, the book explores the significance of procedural rules and practices at the Court of Justice in stabilizing outcomes, making it an invaluable resource for scholars of the EU legal system. Its comprehensive analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also appeal to legal theorists interested in examining the factors that shape judicial decision-making.
Dimension: 234 x 156 (mm)
ISBN-13: 9781788979542
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