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The Coherence of EU Law

The Coherence of EU Law The Search for Unity in Divergent Concepts

Author: Sacha Prechal; Bert Van Roermund
Publisher: Oxford University Press
ISBN: 9780199232468
Published In: January 2008
Format: Hardback , 580 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides original analyses of core problems facing the coherent application of EU Law - asking how unity can be achieved in a system based on legal and linguistic diversity
Combines perspectives from practice, legal theory, and doctrinal analysis to present a comprehensive examination of the questions facing the understanding and domestic application of EU law
Represents the results of a collective research project spanning several years, presenting a focused and coherent exploration of the issues
Case studies analyse core areas of EU policy against the backdrop of legal divergence, including energy regulation, the protection of fundamental rights and social policy

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.

Readership: 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.

Sacha Prechal and Bert van Roermund: 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 & 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

Edited by Sacha Prechal, Professor of European Law, University of Utrecht, and Bert van Roermund, Professor in the Philosophy of Law, Tilburg University
Contributors:
Sacha Prechal, Utrecht University
Thomas Vandamme, Utrecht University
Bert van Roermund, Tilburg University
Linda Senden, Tilburg University
Leo Mulders, European Court of Justice Translation Service
Michele Graziadei, Università del Piemonte Orientale, Alessandria
Sasa Beljin, Westfälische Wilhelms-Universität Münster
Ricardo Alonso Garcia, Ministry of Education, Madrid
Leonor Moral, Universidad de Granada
Carmen Plaza Martin, University of Toledo
Roberto Caranta, Universitá di Torino
Michiel Brand, Tilburg University
Martina Künnecke, University of Hull
Matthias Ruffert, Friedrich-Schiller-Universität Jena
Hans Lindahl, Tilburg University
Inigo del Guayo Castiella, University of Almería
Emilios Christodoulidis, University of Edinburgh
Ruth Dukes, University of Glasgow
Joxerramon Bengoetxea, Oñati International Institute for the Sociology of Law
Niilo Jääskinen, Supreme Administrative Court of Finland
Filomena Chirico, Tilburg University
Pierre Larouche, Tilburg University
Koen Lenaerts, European Court of Justice
Tim Courthaut, Catholic University, Leuven