Legal Certainty in the Preliminary Reference Procedure: The Role of Extra-Legal Steadying Factors

Author: John Cotter
Publisher: Edward Elgar Publishing
ISBN: 9781788979542
Published In: May 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

As well as focusing on the contribution made by judges’ legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn’s approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure.

Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steadying the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.

Preface

PART I: INTRODUCTION

1. Obstacles to Legal Certainty in the Preliminary Reference Procedure

2. ‘Steadying Factors’ in the Article 267 TFEU Preliminary Reference Procedure

3. ‘The Argument and ‘First Principles’

PART II: INTERNAL EXTRA-LEGAL STEADYING FACTORS

4. The Steadying Effect of ‘Law-Conditioned Officials’

5. ‘The Judges of the Court of Justice and ‘Law Conditioning’

PART III: EXTERNAL EXTRA-LEGAL STEADYING FACTORS

6. The Steadying Effect of an Independence–Accountability Balance: A Hypothesis

7. ‘Susceptibility to Countermeasures for ‘Scenario 1’ (‘Legal and Acceptable’) Rulings

8. Susceptibility to lawful countermeasures for ‘scenario 2’ (‘legal’, but ‘unacceptable’) rulings