The Coherence Of Eu Law: The Search For Unity In Divergent Concepts

Hardcover | January 24, 2008

EditorSacha Prechal, Bert van Roermund

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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 backgroundsas 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 thecoherence 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 beadditional 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: theprotection 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.

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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 backgroundsas to the meaning and application of EU law...

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,...

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Format:HardcoverDimensions:600 pages, 9.21 × 6.14 × 1.5 inPublished:January 24, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199232466

ISBN - 13:9780199232468

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Table of Contents

Sacha Prechal and Bert van Roermund: Binding unity in EU legal order: An IntroductionI. Observations from Legal Practice1. Thomas Vandamme, Sacha Prechal, Bert van Roermund and Linda Senden: Experiences from Professional Practice - some steps towards empirical research2. Leo Mulders: Translation at the European Court of JusticeII. Rights3. Michele Graziadei: Rights in the European Landscape. A Historical and Comparative Profile4. Sasa Beljin: Rights in European Union Law5. Ricardo Alonso Garcia, Leonor Moral, Carmen Plaza: EU Rights and Discretion as reflected in Spanish Public Law6. Sacha Prechal: Protection of Rights: How Far?III. Discretion7. Roberto Caranta: On Discretion8. Michiel Brand: Discretion, Divergence and Unity9. Martina Kunnecke: Divergence and the Francovich remedy in German and English courts10. Matthias Ruffert: ability and Flexibility in Administrative Decision Making - The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law11. Thomas Vandamme: Democracy and Direct Effect - EU and National Perceptions of Discretion12. Hans Lindahl: Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders13. Bert van Roermund: Laws At Cross Purposes: Conceptual Confusion and Political DivergenceIV. Policy Areas14. Inigo del Guayo: Binding unity and divergence while Creating a Common European culture of energy regulation15. Linda Senden: Conceptual Convergence and Judicial Cooperation in Sex Equality Law16. Emilios Christodoulidis and Ruth Dukes: On the Unity of European Labour Law17. Joxerramon Bengoetxea: A case of multidirectional constitutional transplant in the EU: Infra-state Law and RegionalismV. Outlooks18. Niilo Jaaskinen: Back to the Begriffshimmel? - A plea for an analytical perspective in European law19. Filomena Chirico and Pierre Larouche: Conceptual divergence, functionalism and the economics of convergence20. Koen Lenaerts and Tim Courthaut: Towards an Internally Consistent Doctrine on Invoking Norms of EU Law